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(영문) 서울서부지방법원 2016.06.09 2016노380
공무집행방해
Text

The prosecutor's appeal is dismissed.

Reasons

1. The sentence of the court below (2 million won in penalty) on the summary of the grounds for appeal is deemed to be too unhued and unfair.

2. Although the crime of this case requires strict punishment as an act of disregarding the public authority and legal order by exercising violence against police officers who properly perform official duties, the crime of this case is deemed proper in light of the following: (a) the confession and reflect of the defendant; (b) the primary offender; (c) some of the money for the police officers of the victim; (d) the deposit of money for the victim; and (e) the fact that the defendant appears to be a contingent crime; and (e) the conditions of the arguments and the records, such as the defendant's age, career, sexual conduct, and circumstances after the crime, etc., the prosecutor's

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

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