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(영문) 서울남부지방법원 2017.10.20 2016노2113

공무집행방해

Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (unfair sentencing) of the lower court’s sentence (the suspended sentence and the suspended fine of three million won) is too uneasy and unreasonable.

2. In light of the circumstances alleged by the prosecutor on the grounds of appeal, such as the fact that there is a need for strict punishment for obstructing the performance of official duties for the establishment of public authority and the protection of legal order, etc., the court below’s sentence imposed on the defendant is deemed appropriate, and the prosecutor’s assertion is not reasonable on the grounds that, in full view of the circumstances that the court below rendered on the grounds of sentencing (such as the mental and physical weakness caused by primary crimes, mental illness, etc., and the non-existence of punishment for the victimized police officers) and all of the sentencing conditions in the records and arguments including the absence of change

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.