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(영문) 서울동부지방법원 2018.01.11 2017노1407
업무방해등
Text

The prosecutor's appeal is dismissed.

Reasons

1. The main point of the grounds for appeal is that the lower court’s punishment (two million won in penalty) is too unfluent and unreasonable.

2. Although the nature of the crime of this case that interferes with the performance of official duties by obstructing the Defendant from disturbing the disturbance at a restaurant under the influence of alcohol and obstructing the Defendant’s dispatch of the police officers, the crime of this case is not easy. However, considering the fact that the Defendant was aware of the crime, and the victim of the obstruction of official duties did not want the punishment of the Defendant, and that there was no criminal record that the Defendant was punished due to the obstruction of official duties, and that there was no other criminal record that the Defendant did not have been punished due to the obstruction of official duties, the lower court’s punishment is too uneasible and unfair in view of all the sentencing conditions

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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