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(영문) 서울동부지방법원 2017.01.13 2016노614
공무집행방해
Text

The prosecutor's appeal is dismissed.

Reasons

The gist of the prosecutor's appeal is that the defendant's crime of this case in light of the fact that the defendant's act of this case leads to walking a police officer's worship and arms, and that the crime of this case is poor and has the same criminal history, the sentence of the court below (the penalty amount of KRW 5,00,000) sentenced to the defendant is too uneasible and unfair.

In light of the above circumstances as alleged by the Prosecutor, the lower court appears to have determined the kind and quantity of punishment by comprehensively taking account of the following circumstances, including the degree of assault and the Defendant’s age, environment, and circumstances after the commission of the crime. As such, the lower court’s sentence cannot be deemed to be unfair because it is too low.

Therefore, since the prosecutor's appeal is without merit, 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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