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(영문) 서울남부지방법원 2016.10.06 2016노533

공무집행방해

Text

The prosecutor's appeal is dismissed.

Reasons

1. In light of the fact that there is a need to strictly punish the crime of obstruction of performance of official duties in order to establish a legal order based on the summary of the grounds for appeal, and that the degree of the assault in this case is not weak, and that there is no measure to recover damage to police officers who are victims, etc., the punishment (three million won of fine) imposed by the court below is too uneasible and unfair.

2. In light of the fact that there was no record of punishment other than the fact that the Defendant was punished as a fine for a different kind of punishment, and other circumstances favorable to or unfavorable to the Defendant, as well as the situation of all the sentencing as shown in the records and arguments of this case, including the Defendant’s age, character and conduct, environment, motive, means, and consequence of the crime, and the reasons for sentencing of the lower judgment, the lower court’s punishment is deemed unreasonable even if the prosecutor asserts as the reasons for

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