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(영문) 서울남부지방법원 2016.09.30 2016노347
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 punishment (3 million won in penalty) imposed by the court below is too unfased.

2. In light of the motive, circumstance, etc., the crime of this case is not good in light of the nature of the crime, and the obstruction of the performance of official duties requires strict punishment in order to establish governmental authority and legal order, the crime of this case is considered: (i) the degree of assault by the obstruction of the performance of official duties of this case is not limited; (ii) the defendant has no record of criminal punishment since entering the Republic of Korea in 2006; (iii) the defendant shows an attitude to recognize and reflect the crime of this case; (iv) the defendant has no particular difference with the sentencing condition of the court below; and (v) the sentencing conditions of this case, such as the defendant's age, sexual behavior, intelligence and environment; (v) the relation with the victim; and (v) the motive, means, and consequence of the crime; and (v) the circumstances after the crime, etc., are considered to be too weak.

It does not seem that it does not appear.

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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