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(영문) 서울동부지방법원 2016.05.27 2015노318

공무집행방해

Text

The prosecutor's appeal is dismissed.

Reasons

The gist of the grounds for appeal by the prosecutor is that the sentence of the court below (the penalty amount of KRW 3,00,000) imposed on the defendant is too unfasible and unfair in light of the fact that the defendant's crime of this case was an obstacle to the performance of official duties by the police officer wearing the uniform, and that the crime of this case was serious and the nature of the crime was poor.

In full view of the above circumstances as argued by the Prosecutor, comprehensively taking into account the parts and degree of assault, as well as other various circumstances that are conditions for sentencing, such as Defendant’s age, sex, environment, etc., the sentence of the lower court cannot be deemed unfair because it is too low.

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