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(영문) 서울서부지방법원 2018.04.19 2017노1736
공무집행방해
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal is that the lower court’s punishment (six months of imprisonment and two years of suspended execution) is too weak and the Defendant does not impose any burden on the costs of lawsuit.

2. Determination

A. The court below's fee for the defense counsel, the daily allowance for the witness, etc. was incurred for the defense of the defendant, and the defendant cannot pay the costs of lawsuit due to economic circumstances.

Since the court below did not order the defendant to bear the costs of lawsuit, it is not unfair that the court below did not order the defendant.

This part of the Prosecutor's argument is not accepted.

B. The sentencing court rendered a sentence by comprehensively taking into account various circumstances, such as the Defendant’s age, sexual behavior, environment, etc., taking into account the following circumstances: (a) the Defendant’s use of violence against police officers is not good; (b) the Defendant was punished for violence; (c) the Defendant did not go to his/her friend himself/herself or did not hand over to the 119 rescue unit; and (d) the Defendant was responsible for the police officers; (c) there was no force or force of punishment in excess of the fine since 1980; (d) the degree of assault was frightened; and (e) the Defendant did not go to walk the police officers in order to move the Defendant to another place; and (e) the Defendant was not frighten by walking the police officers from both sides to move the Defendant; and (e) the Defendant was supported by his/her old-parent who is not good in health.

Examining the evidence of this case and the above sentencing, the lower court’s judgment exceeded the reasonable bounds of discretion.

There is no change in circumstances that it is unfair to maintain it in the trial as it is.

Since the court below's punishment cannot be deemed to be unfair because it is too unfortunate, the prosecutor's improper assertion of sentencing is not justified.

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

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