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(영문) 서울중앙지방법원 2020.04.10 2019노2301

공무집행방해

Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (e.g., a fine of five million won) imposed by the lower court is too unfilled and unreasonable.

2. The judgment of this case is a use of violence against a police officer where the defendant is executing official duties, and is not less than a liability for such crime. However, considering the following as a whole: (a) the defendant reflects his mistake in depth; (b) the degree of assault is not severe; and (c) the defendant is deemed to have committed contingent crimes without any criminal conviction; and (d) the defendant has no criminal conviction in the same kind; and (e) other various sentencing conditions in the records, such as the defendant’s age, character and conduct, environment, and circumstances after the crime, it cannot be deemed that the sentence of the court below is too unfeasible

Therefore, prosecutor's assertion is without merit.

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.