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(영문) 서울서부지방법원 2016.07.07 2016노513
공무집행방해
Text

The prosecutor's appeal is dismissed.

Reasons

The gist of the prosecutor's appeal is that the court below's punishment (two million won in penalty) is too unfluent and unfair.

The crime of this case is recognized as an act of lighting public authority and legal order by exercising violence, etc. against police officers who properly perform official duties, etc.

However, in full view of the following factors: (a) the Defendant led to the instant crime; (b) the Defendant was the primary offender; (c) the Defendant was involved in the instant crime; and (d) the Defendant’s age, sexual conduct, environment; and (c) the details and result of the instant crime; and (d) the circumstances after the instant crime, etc., the Prosecutor’s assertion is groundless on the grounds that the lower court’s punishment is too uneasible and unreasonable.

Therefore, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the prosecutor's appeal is without merit. It is so decided as per Disposition.

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