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(영문) 서울남부지방법원 2016.06.03 2015노1661

공무집행방해등

Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (unfair sentencing) by the court below is unreasonable as it is too unfasible to the extent that the sentence imposed by the court below is too unfasible.

2. The judgment factor is the sentencing factor unfavorable to the Defendant, such as the fact that the Defendant again committed each of the instant crimes during the suspension of execution, the fact that the nature of each of the instant crimes is inferior, and in particular, the obstruction of the performance of official duties requires strict punishment in order to establish public authority and legal order.

However, the fact that the degree of each of the crimes of this case is not much serious, and that there is an agreement with the victims of fraud and injury, etc. are factors favorable to the defendant.

In addition, in full view of the various conditions of sentencing as shown in the records of the instant case and the sentencing guidelines of the Supreme Court Sentencing Committee, the lower court’s sentencing is deemed to be excessively minor, beyond the reasonable scope of discretion.

It does not seem that it does not appear.

3. In conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the appeal is without merit. It is so decided as per Disposition.