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(영문) 서울중앙지방법원 2016.10.06 2016노2804

공무집행방해

Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (e.g., a fine of five million won) of the lower court is too unhued and unreasonable.

2. The lower court’s punishment is determined to be reasonable, in full view of the following: (a) there is a need to be strictly protected by the public official performing official duties; (b) the degree of violence committed by the Defendant is not less vulnerable to the Defendant; (c) the Defendant recognized the instant crime; (d) the Defendant has no record of punishment; and (e) the Defendant’s age, character and conduct, family relationship; (e) the background of the instant crime; and (e) the circumstances after the instant crime.

The prosecutor's assertion is without merit.

3. The prosecutor's appeal of conclusion is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the ground that it is without merit.