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(영문) 서울북부지방법원 2016.04.07 2015노1764
공무집행방해등
Text

The prosecutor's appeal is dismissed.

Reasons

1. The sentencing of the lower court (one million won in 3 million won) on the gist of the grounds of appeal is deemed unfair because it is too uneasible.

2. The crime of this case requires strict punishment against the defendant, taking into account the following factors: (a) the face of a police officer performing official duties is taken into consideration; (b) the nature of the crime is heavy; and (c) the police officer did not recover from damage.

However, in full view of the fact that the Defendant recognized the instant crime and is in depth, there is no record of criminal punishment, and that there is no other history of criminal punishment, and that all the sentencing circumstances shown in the records and arguments, such as the Defendant’s age, sex, environment, motive and circumstance of the crime, means and consequence, circumstances after the crime, etc., the lower court’s sentencing is too uneasy and unreasonable.

3. In conclusion, the prosecutor’s appeal is dismissed under Article 364(4) of the Criminal Procedure Act on the grounds that the appeal is without merit. It is so decided as per Disposition by the court below (Article 25(1) of the Criminal Procedure Act on the ground that the error of office in the statement in the criminal facts column of the court below is evident, “as of July 17, 2015, 01:50,” and thus, the correction is made ex officio in accordance with Article 25(1) of the Rules on Criminal Procedure.

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