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(영문) 서울남부지방법원 2017.08.18 2016노1451

공무집행방해

Text

All prosecutor's appeal against the Defendants is dismissed.

Reasons

1. The summary of the grounds for appeal (unfair sentencing) by the lower court is deemed to be too uneasy and unfair.

2. Considering that there exists a need for strict punishment to obstruct the performance of official duties for the establishment of public authority and the protection of legal order, comprehensively taking account of the circumstances that the court below rendered on the grounds of sentencing and all of the sentencing conditions in the records and arguments, including the absence of changes in special circumstances after the court below, the sentence imposed by the court below on the Defendants is deemed appropriate, and thus, 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 on the grounds that the appeal is without merit. It is so decided as per Disposition.