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(영문) 광주지방법원 2017.07.20 2016노4037

공무집행방해

Text

The prosecutor's appeal is dismissed.

Reasons

1. The main point of the grounds for appeal is that the lower court’s punishment (4 million won in penalty) is too unhued and unreasonable.

2. In light of the fact that the Defendant did not have any history of punishment for the same kind of crime, that the victimized police officer wanted to take the Defendant’s wife against the Defendant, that the Defendant recognized his mistake and reflects his depth, and that other circumstances revealed in the instant pleadings, such as the Defendant’s age, sexual conduct, environment, motive and consequence of the crime, etc., the lower court’s punishment is too unfeasible and unreasonable, and thus, the Prosecutor’s assertion is rejected.

3. The appeal by the prosecutor of the conclusion is without merit and is dismissed in accordance with Article 364(4) of the Criminal Procedure Act.