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(영문) 서울남부지방법원 2016.11.25 2016노761
특수공무집행방해
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (e.g., imprisonment with prison labor for six months, two years of suspended sentence, and 80 hours of community service order) of the lower court is deemed to be too uneasible and unfair.

2. Determination of the instant crime is an element of sentencing unfavorable to the Defendant, in light of the motive, circumstance, method, etc. of the instant crime, and the fact that the crime of obstructing performance of official duties is extremely poor, and that there is a need for strict punishment for the protection of legal order and the establishment of public authority

However, considering that the defendant is the first offender who has been investigated or has not been punished for a crime for more than 60 years until now, there is room for the defendant to be punished only once.

In addition, comprehensively considering various sentencing conditions in the instant case, including Defendant’s age, character and conduct, intelligence, and environment, the lower court’s sentencing does not seem to be excessively minor beyond the scope of reasonable discretion.

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

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