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(영문) 서울남부지방법원 2016.11.04 2016노664
공무집행방해
Text

The prosecutor's appeal is dismissed.

Reasons

1. The main point of the grounds for appeal is that the sentence of the lower court (4 million won of a fine) is too unhued and unreasonable.

2. Determination ① The crime of obstruction of performance of official duties requires strict punishment in order to protect the legal order and establish the public authority; the Defendant’s act of obstructing the operation of patrol vehicles and assaulting police officers; and the Defendant’s act of committing violent crimes is disadvantageous.

However, in full view of the following circumstances: (a) there is no history that the Defendant was punished for the same crime; and (b) the recognition of the instant crime; and (c) other circumstances that form the condition for sentencing, such as the background, means, results, and the circumstances after the instant crime, the lower court’s sentence cannot be deemed as being too unjustifiable and unreasonable.

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

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