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(영문) 서울서부지방법원 2018.06.21 2018노382
공무집행방해
Text

The prosecutor's appeal is dismissed.

Reasons

1. The main point of the grounds for appeal is that the lower court’s punishment (six months of imprisonment, two years of suspended sentence, two years of suspended sentence, and observation of protection) is too unhued and unreasonable.

2. The lower court determined that the Defendant’s exercise of force against a police officer in the course of performing official duties should be subject to criticism, and that the Defendant is serving in the suspension period of the execution of imprisonment with prison labor due to an injury, and that the Defendant again committed the instant crime, and that the Defendant had obstructed the performance of official duties and committed several violent crimes, considering the circumstances favorable to the Defendant’s misunderstanding, and that the sentence was imposed in consideration of the circumstances leading to other crimes, the circumstances leading to the commission of the crime, the degree of the type of force used, the Defendant’s age, sexual behavior, environment, etc.

Examining the evidence of this case and the lower court’s determination of sentencing, the Prosecutor’s assertion is not accepted, since the above determination of sentencing exceeded the reasonable bounds of discretion and it cannot be deemed unfair as it is too unfolded.

3. The appeal by the prosecutor of the conclusion is without merit, and it is dismissed in accordance with Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition.

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