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(영문) 서울서부지방법원 2017.02.23 2016노1368

공무집행방해등

Text

The prosecutor's appeal is dismissed.

Reasons

The summary of the reasons for appeal by the prosecutor is that the court below's sentence (3 million won in penalty) is too unfluent and unfair.

Although the Defendant’s exercise of violence against police officers in the course of performing official duties and causing injury, the nature of the crime is not good in light of the course and result of the crime. However, in full consideration of the following: (a) the Defendant’s own reflects on the gravity of the crime; (b) there is no past record of criminal punishment during the period of domestic stay in the several years; (c) the Defendant’s age, sex behavior, and all other conditions of sentencing, the sentence of the lower court cannot be deemed as unreasonable.

Since the prosecutor's appeal is without merit, it is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act.