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(영문) 광주지방법원 2017.08.31 2016노4907
공무집행방해등
Text

The prosecutor's appeal is dismissed.

Reasons

1. The main reasons for appeal are as follows: each sentence of the court below against the Defendants (for Defendant A, 2 years of suspended sentence for six months of imprisonment, and for Defendant B, 2 years of suspended sentence for eight months of imprisonment) is too uneased and unreasonable.

2. Considering the circumstances revealed in the arguments in the instant case, such as the Defendants’ age, gender (in the case of Defendant A and Defendant B, Defendant B’s initial crime), environment, motive and consequence of the crime, and the circumstances after the crime (a confession and reflectivity), the Prosecutor’s assertion is rejected on the grounds that the lower court’s punishment against the Defendants is too uneasible and unreasonable.

3. The appeal by the prosecutor of the conclusion is without merit and is dismissed in accordance with Article 364(4) of the Criminal Procedure Act.

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