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(영문) 서울중앙지방법원 2019.10.18 2019노1344

공무집행방해

Text

The prosecutor's appeal is dismissed.

Reasons

1. The grounds for appeal (e.g., a fine of 4 million won) by the lower court are too unhued and unreasonable.

2. It is necessary to strictly punish crimes of obstruction of performance of official duties in order to establish the legal order of the judgment state and eradicate the light of public authority.

However, the defendant recognizes his mistake and reflects his fault.

The degree of violence cannot be considered as serious.

There is no record of crime except punishment of a fine for a long time due to a different type of crime.

In addition, considering the various circumstances that are the conditions for sentencing as shown in the records and arguments of the instant case, the lower court’s sentence against the Defendant is deemed unreasonable as it is too uneasible.

The prosecutor's assertion is without merit.

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