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(영문) 서울서부지방법원 2016.09.08 2016노780

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. The judgment of the court below is based on the following: (a) the crime of this case requires strict punishment on the grounds that the police officer who performs legitimate duties takes a bath, exercises violence, etc.; and (b) the defendant led to the confession of the crime of this case and repents his mistake; (c) the defendant seems to have committed the crime of this case in contingent terms; (d) the defendant has no criminal conviction for the same kind of crime; (e) the defendant deposited 2 million won for the victim police officer; and (e) the defendant deposited the defendant's age, career, character and conduct, criminal records, the means and methods of the crime of this case; and (e) the circumstances after the crime, etc., the sentence of the court below is appropriate.

The prosecutor's assertion 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.