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(영문) 서울중앙지방법원 2016.10.13 2016노2802
공무집행방해등
Text

The prosecutor's appeal is dismissed.

Reasons

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

2. The nature and nature of the crime committed against the police who attempts to assist the defendant, by exercising violence, or by damaging public goods, shall not be less severe in light of the contents of the crime.

However, in full view of the overall circumstances, such as the fact that one’s mistake appears to have been recognized, the fact that a considerable amount was deposited for the victimized police, the fact that there was no criminal history, and the motive, means and consequence leading to the instant crime, the circumstances after the commission of the crime, the age of the accused, character and conduct, environment, etc., and all other circumstances constituting the conditions for the sentencing as shown in the records and arguments, the lower court’s sentencing is deemed to have been too unfeased and exceeded the reasonable scope of discretion.

3. Therefore, 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.

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