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(영문) 서울남부지방법원 2017.04.28 2016노1070
공무집행방해
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (unfair sentencing) by the court below is unreasonable as it is too unfasible to the extent that the penalty (4 million won) imposed by the court below is too unfased.

2. In full view of the circumstances in the judgment of the court below on the grounds of sentencing and all of the sentencing conditions as shown in the records and arguments of this case including the fact that the defendant had no record of criminal punishment, the sentence imposed by the court below is judged appropriate, and it seems unfair because it is too unfasible. Thus, the prosecutor's assertion is without merit

3. In conclusion, 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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