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(영문) 서울서부지방법원 2016.10.06 2016노943

공무집행방해

Text

The prosecutor's appeal is dismissed.

Reasons

1. The decision of the court below on the gist of the grounds for appeal (three million won of a fine) is too unhued and unreasonable.

2. In light of the legal order and public authority, such as exercising violence against police officers who perform legitimate duties, etc., the crime of this case requires strict punishment. However, it appears that the defendant led to a contingent crime, the defendant does not have the same criminal record or violent crime, and there is no other criminal record, and the court below's sentence is deemed appropriate in full view of all the conditions of arguments and the records, such as the circumstances of the crime of this case, the method and means of the crime, the circumstances after the crime, the defendant's age, career, character, conduct, family relation, etc., and the court below's argument of unfair sentencing is without merit.

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