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(영문) 서울동부지방법원 2020.10.22 2020노441
공무집행방해
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (2,000,000 won of fine) is too unhued and unreasonable.

2. The crime of this case is an unfavorable circumstance to the defendant, where the defendant received a 112 report and obstructed the legitimate execution of duties by the police officer, and the crime is not good, and there was a record of punishment for the same kind of crime.

On the other hand, the fact that the defendant recognized the crime of this case and opposed to it, and that the defendant agreed with the damaged police officer is favorable to the defendant.

In addition, in full view of the arguments and records of the instant case, the lower court’s sentencing appears to have been appropriately determined by taking into account the above normal relationship and the grounds for sentencing alleged by the prosecutor, and there are no special circumstances to the extent that the sentencing is changed ex post facto, so the Prosecutor’s 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 on the ground that it is without merit.

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