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(영문) 서울중앙지방법원 2017.11.24 2017노3652
공무집행방해
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (unfair sentencing) of the lower court’s punishment (2 million won in penalty) is too uneasy and unreasonable.

2. The crime of this case was committed by the Defendant with the intent of wearing the uniform and obstructing the performance of official duties by using violence against the police, and the nature of the crime is not good.

However, it is relatively minor that the defendant committed the crime of this case by contingency while under the influence of alcohol, and the degree of the assault is relatively minor.

I seem to appear.

In the instant case where there was no change in circumstances that could change the sentence of the court below in the appellate trial, the court below’s sentencing was exceeded the scope of reasonable sentencing discretion since the sentence imposed by the defendant was too unafford and exceeded the scope of reasonable sentencing discretion in light of the following: (a) comprehensively taking into account the following factors: the defendant’s age, sex, environment, family relationship, motive, means and consequence of the crime; and (b) the circumstances after

shall not be deemed to exist.

Therefore, the prosecutor's improper argument of sentencing is not accepted.

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

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