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(영문) 서울중앙지방법원 2015.09.17 2015노2513
공무집행방해
Text

The prosecutor's appeal is dismissed.

Reasons

The Prosecutor asserts that, on the grounds of the instant appeal, the lower court’s sentence (700,000 won of fine) against the Defendant is too unhued and unreasonable.

However, even though the nature of the crime in this case where the defendant assaulted the landscape in the course of performing official duties, it seems that the degree of the assault and the damage caused by the assault seems to be relatively minor.

In light of the aforementioned circumstances, the sentencing of the lower court is too unjustifiable because it goes beyond the reasonable scope of discretion and is thus unreasonable, in full view of the following circumstances: (a) the Defendant’s background and method of committing the instant crime; (b) the motive and degree of damage; and (c) the Defendant’s age, character and conduct, career, home environment, and history of punishment; and (c) the overall circumstances, which form the conditions for sentencing as shown in the records and arguments

Therefore, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act, since it is without merit.

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