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(영문) 서울서부지방법원 2019.10.24 2019노1062
공무집행방해
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (a fine of five million won) declared by the lower court is too unhued and unreasonable.

2. The Defendant committed the instant crime during the period of probation, even though he/she had been sentenced to two years of suspended sentence in January 25, 2018 due to a violation of the Road Traffic Act (unlicensed Driving) on the grounds that his/her act of obstructing the performance of official duties may hinder the establishment of legal order and undermine the authority of the public authority, and that the Defendant committed the instant crime while being subject to suspended sentence, is disadvantageous to the Defendant.

However, in full view of the favorable circumstances, such as the fact that the Defendant has committed a crime in the past and against the Defendant, the Defendant did not have any previous conviction, and the degree of exercising force against the victimized police officers, etc., and all other factors of sentencing, the lower court’s sentencing is determined to be appropriate by fully considering the various factors of sentencing alleged by the Prosecutor, and it cannot be deemed unfair because it is too unreasonable.

In addition, there is no change of circumstances to deem that maintaining the sentencing of the court below is unfair.

Therefore, the prosecutor's above assertion of unfair sentencing is without merit.

3. In conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act as it is without merit. It is so decided as per Disposition.

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