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(영문) 서울남부지방법원 2016.11.04 2016노660
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 (three million won of a fine) is too unhued and unreasonable.

2. Determination ① There is a need to strictly punish the crime of obstruction of performance of official duties in order to protect the legal order and establish the public authority, and the fact that the defendant gives a police officer a serious bath and lacks the head of the police officer on his/her hand floor is disadvantageous.

However, in full view of the following circumstances: (a) there is no history of punishment for the Defendant as the same crime; (b) the recognition of the instant crime; (c) the extent of assault by the instant crime is relatively minor; and (c) other circumstances that form the conditions for sentencing, such as the background, means, and consequence of the instant crime; and (c) the circumstances after the instant crime, the sentence of the lower court 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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