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(영문) 서울고등법원 2016.09.08 2016노1789
공무집행방해
Text

The prosecutor's appeal is dismissed.

Reasons

1. The sentencing of the court below is too uncomfortable.

2. Considering the fact that the defendant committed the instant crime even if he/she had been tried for the same kind of offense, strict punishment against the defendant is required.

However, there is no criminal conviction or heavier punishment for the defendant, the probation and community service order of the defendant together with the suspension of the execution of imprisonment with prison labor, and there is no change in the conditions of sentencing compared with the original judgment, and the sentencing of the original court is difficult to be deemed to have been exceeded the reasonable scope of discretion. In addition, considering the conditions of sentencing specified in the arguments of this case, such as the defendant's age, character, conduct and environment, motive, means and consequence of the crime, the circumstances after the crime, etc., the court below's punishment cannot be deemed to be too unreasonable, and thus,

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

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