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(영문) 서울서부지방법원 2016.05.12 2015노1312

모욕등

Text

The prosecutor's appeal is dismissed.

Reasons

1. Of the facts charged in the instant case, the lower court rendered a judgment dismissing the public prosecution, and the prosecutor appealeds only on the ground that the part of the lower judgment’s obstruction of duties found guilty was unfair. The scope of this court’s judgment is limited to the part of the lower judgment’s obstruction of duties.

2. The sentence of the lower court to the summary of the grounds for appeal is too unfilled and unreasonable.

3. In full view of all the sentencing conditions indicated in the records, such as the following: (a) the judgment was examined; (b) the confession and reflect of the defendant; (c) the defendant wants the victim to leave the defendant; (d) there was no previous conviction exceeding the fine; and (e) the court below’s sentence is deemed appropriate in full view of all the sentencing conditions indicated in the records, such as the background of the crime in this case; and (e) the circumstances after the crime, etc.,

4. 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.