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(영문) 서울북부지방법원 2017.08.22 2017노943
공무집행방해
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (unfair sentencing) of the lower court’s punishment (amounting to 6 million won) is deemed unreasonable.

2. The judgment of the court below is that the crime of this case was committed by assaulting a police officer who performs legitimate duties, and it is not good that the defendant committed the crime of this case without being involved in the suspended execution period, and that the defendant has been sentenced to a fine due to several violent crimes, which is disadvantageous to the defendant.

On the other hand, the fact that the defendant recognized his own crime, and the suspended execution is a crime of violation of the Road Traffic Act (unlicensed Driving) and is not a crime of the same kind as the crime of the instant crime, and that the defendant has no record of punishment exceeding the fine except the crime of violation of the Road Traffic Act (unlicensed Driving) is favorable to the defendant.

In addition, taking into account the various circumstances that form the conditions for sentencing as shown in the record, such as the Defendant’s age, sex, environment, motive, means, and consequence of the crime, the circumstances after the crime, etc., the lower court’s sentence is too uneasible and unreasonable.

3. The appeal by the prosecutor of the conclusion is without merit and is dismissed in accordance with Article 364(4) of the Criminal Procedure Act.

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