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(영문) 서울북부지방법원 2017.11.06 2017노1889
공무집행방해
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (unfair sentencing) of the lower court’s punishment (in prison labor for up to eight months) is too unhued and unreasonable.

2. The fact that the instant crime was committed without being involved in multiple times, including imprisonment with prison labor for judgment violent crimes, and in particular, the fact that the instant crime was committed during the period of repeated crime, and that the risk of traffic accidents caused by the instant crime was disadvantageous to the Defendant.

However, the defendant recognized his mistake and committed the crime of this case by contingency under the influence of alcohol.

The extent of assault exercised by the defendant is relatively more severe.

It does not seem that it does not appear.

The judgment below

There is no change in circumstances that may be considered in sentencing after the sentence.

In addition, considering all elements of sentencing as shown in the records and arguments of this case, the sentencing of the lower court is conducted within the reasonable scope of discretion, and it cannot be deemed unfair as it is too uneasible.

Therefore, the prosecutor's improper argument of sentencing is not accepted.

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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