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(영문) 서울서부지방법원 2017.05.25 2017노332
공무집행방해등
Text

The prosecutor's appeal is dismissed.

Reasons

1. The sentence of the court below (two years of suspended sentence in the month of imprisonment with prison labor) on the summary of the grounds for appeal is too unfasible and unfair.

2. Interference with the execution of official duties by nullifying a legitimate exercise of public authority is an unfavorable circumstance, such as: (a) a criminal with heavy criminal liability by itself; (b) a police officer’s crime of bodily injury caused by the Defendant’s violence is considerably poor in terms of the nature of the crime; and (c) a person who has been punished by a fine due to the same kind of crime.

However, in full view of the facts that the defendant led to the crime and is in profoundly against the defendant, there is no record of criminal punishment exceeding the fine, the payment of medical expenses to the victimized police officers, etc., and the above police officers did not want the punishment of the defendant, and all other conditions of sentencing as shown in the arguments, such as the age, sex, family environment, etc. of the defendant, the sentence of the court below is within the scope of reasonable discretion.

It can not be seen as an unreasonable degree because it is too unfluened.

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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