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(영문) 서울중앙지방법원 2017.01.19 2016노3801
공무집행방해
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (unfair sentencing) that the court below rendered is too unfasible and unfair.

2. There are extenuating circumstances such as: (a) Doing a police officer who had been placed in the main place of judgment against the Defendant; (b) the nature of the instant crime in which the commission of violence was committed; and (c) the nature of the crime in question is not less and less than that of the crime in question; and (d) the fact that there was a record of the same crime

However, in full view of the following: (a) the attitude of recognizing one’s mistake and reflecting one’s depth; (b) the degree of assault against a police officer is not limited; (c) there is no record of the crime exceeding a fine; and (d) other circumstances, such as the motive, means and consequence leading to the instant crime; (c) the circumstances after the commission of the crime; (d) the Defendant’s age; and (e) the Defendant’s sexual conduct; and (e) the conditions of sentencing specified in the records and pleadings, such as the environment, are deemed to have been too unflu

3. Accordingly, 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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