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(영문) 서울남부지방법원 2018.06.01 2017노634

공무집행방해

Text

The prosecutor's appeal is dismissed.

Reasons

1. The sentence imposed by the court below (the suspended sentence for a penalty of three million won) on the summary of the grounds for appeal is too unfased and unreasonable.

2. The judgment of the court below is based on the following facts: (a) the crime of this case was committed on the grounds of sentencing (the fact that there is no record of criminal punishment against the defendant; and (b) the defendant is divided in depth into and against the defendant; and (c) the crime of this case was committed by a police officer who was reported by the defendant at home and was dispatched to house upon the request of the defendant in a serious congested manner; (d) there is room for consideration in the course of committing the crime; (e) the degree of damage to the police officer who suffered from the crime of this case is not much serious; and (e) the defendant and his family are in an economically difficult situation; and (e) all the sentencing conditions specified in the records and arguments of this case, including the fact that the sentence imposed by the court below is appropriate, and it cannot be deemed unfair because it is too unreasonable. Therefore, the 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 grounds that the appeal is without merit. It is so decided as per Disposition.