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(영문) 서울중앙지방법원 2016.08.18 2016노1759
공무집행방해
Text

The prosecutor's appeal is dismissed.

Reasons

The gist of the reasons for the prosecutor's appeal is that the court below's sentence (3 million won in penalty) is too unfluent and unfair.

The crime of this case committed by a police public official who performs his duties is not good.

However, considering various sentencing conditions in the records, such as the fact that the defendant recognizes his mistake and seriously reflects the defendant, there is no record of criminal punishment exceeding the fine, the defendant committed the crime of this case in a state of drinking, the fact that there is no change in circumstances or circumstances that may be newly considered in the sentencing after the judgment of the court below was rendered, and the motive and circumstance leading to the crime of this case, the details of the crime, the circumstances after the crime, the age of the defendant, sexual conduct, environment, etc., the sentence of the court below is too unreasonable because it goes beyond the reasonable scope of discretion.

Therefore, 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.

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