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(영문) 서울중앙지방법원 2016.07.21 2016노1677
공무집행방해등
Text

The prosecutor's appeal is dismissed.

Reasons

The summary of the reasons for the prosecutor's appeal is that the court below's sentence (the amount of 3 million won) is too minor.

The crime of this case is that the defendant committed violence and bodily injury against the public official who performs his duties for one hour, and the nature of the crime is not easy.

However, considering various sentencing conditions in the records, such as the Defendant’s acknowledgement of his mistake and the fact that the Defendant committed the same crime in a state of drinking, the Defendant committed the same crime contingently after drinking, the fact that there is no change in circumstances or circumstances that may be newly considered in sentencing after the judgment of the court below was rendered, and the motive and background leading up to the instant crime, the details of the relevant crime, the circumstances after the commission of the crime, the Defendant’s age, sexual behavior, environment, etc., the sentence of the court below cannot be deemed to be unfair because it goes beyond the reasonable scope of discretion, as it goes too far as 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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