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(영문) 서울남부지방법원 2017.06.16 2016노1539
공무집행방해등
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (unfair sentencing) by the court below is unreasonable as it is too unfasible to the extent that the penalty (4 million won) imposed by the court below is too unfased.

2. In light of the fact that the crime of obstructing the performance of official duties requires a strict punishment for the establishment of public authority and the protection of legal order, and the degree of obstructing the performance of official duties by the defendant is not weak, in full view of the circumstances favorable to the grounds for sentencing and all sentencing conditions in the records and arguments of this case, including the absence of changes in circumstances after the original judgment, the sentence imposed by the lower court is deemed appropriate, and thus, the prosecutor’s assertion is not reasonable.

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

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