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(영문) 서울중앙지방법원 2016.09.09 2016노2456

모욕등

Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal is deemed improper in so far as the first deliberation penalty (five million won in penalty) is too unhued.

2. The crime of obstructing the performance of official duties in the board is an offense that has undermined legitimate exercise of public authority and thus has to be punished strictly as an offense detrimental to the function of the State, and the Defendant’s insult of police officers is disadvantageous.

However, considering the fact that the Defendant recognized the instant crime, and there is no record of punishment other than that subject to punishment once as a fine, and all of the sentencing conditions as shown in the records and theories of the instant case, such as the Defendant’s age, sexual conduct, environment, motive, means and consequence of the crime, degree of damage, circumstances after the crime, etc., the first deliberation sentence cannot be deemed unfair because it is too unfasible.

Therefore, the prosecutor's above assertion is without merit.

3. If so, the prosecutor's appeal is without merit, and it is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.