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(영문) 서울동부지방법원 2017.08.17 2017노524
공무집행방해
Text

The prosecutor's appeal is dismissed.

Reasons

1. The decision of the court below on the gist of the reasons for appeal (one year of the suspended execution of imprisonment with prison labor for four months) is too unhued and unreasonable.

2. The offense of this case, which prevents a police officer from performing his official duties by using bridges, is not somewhat weak, and the defendant was sentenced to a suspended sentence due to interference with the performance of official duties. However, the defendant was committed at the time of committing a crime, and the degree of violence that the defendant used against a police officer is not limited, and the defendant's age, sexual behavior, environment, etc., and all of the sentencing conditions stated in the arguments of this case, such as the defendant's age, sexual behavior, environment, etc., cannot be deemed unfair and unfair.

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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