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(영문) 서울남부지방법원 2020.04.28 2019노160

공무집행방해

Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal is unreasonable because the lower court’s punishment (three million won of a fine) is too unhued.

2. In the instant case, although the Defendant used violence against a police officer in the performance of official duties, the Defendant’s primary crime is against the Defendant’s depth, the degree of assault is not severe, and the Defendant’s contingent crime is a crime committed in the course of training women’s fluorial behavior, and other various sentencing conditions indicated in the record, such as the Defendant’s age, character and conduct, environment, and circumstances after the crime, should be considered comprehensively, it cannot be deemed that the lower court’s punishment was too unfluent and exceeded the reasonable scope of discretion.

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 on the ground that it is without merit.