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(영문) 서울중앙지방법원 2014.11.13 2014노3482

공무집행방해

Text

The prosecutor's appeal is dismissed.

Reasons

1. The sentencing of the lower court (a fine of three million won) is too unhued and unreasonable.

2. Although there are many criminal records related to violence in the judgment on the grounds for appeal, there are unfavorable circumstances such as the confession and rebuttal of the defendant, and the fact that the defendant lives without any particular criminal records after 2006, considering all the above circumstances, and there are no special circumstances or circumstances to be newly considered in sentencing after the decision of the court below, the prosecutor's assertion is not acceptable (ex officio, even if the above punishment is too heavy). 3. The prosecutor's appeal is without merit, and thus, it is dismissed pursuant to Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.