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(영문) 서울중앙지방법원 2016.12.15 2016노3976
공무집행방해
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (e.g., a fine of three million won) of the lower court is deemed to be too unhued and unreasonable.

2. There is a need to obtain strict protection of public officials performing official duties, and the extent of assault that the defendant uses to police officers is not somewhat weak, etc. are disadvantageous to the defendant.

However, in full view of the fact that the defendant recognized the crime of this case, there is no record of punishment exceeding the fine, the contents and circumstances of the crime of this case, and all the sentencing conditions shown in the records and arguments, such as the circumstances after the crime, the court below's punishment is deemed appropriate.

The prosecutor's assertion is without merit.

3. The prosecutor's appeal of conclusion 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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