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(영문) 서울동부지방법원 2020.05.07 2019노1488
공무집행방해
Text

The prosecutor's appeal is dismissed.

Reasons

1. The main point of the grounds for appeal is that the lower court’s punishment (fine 3,000,000) is too unhued and unreasonable.

2. The crime of this case is an unfavorable circumstance to the defendant, for example, that the defendant interfered with the legitimate execution of duties by police officers dispatched after receiving a report of 112, and that the crime of this case was committed during the period of suspension of execution due to special assault, etc.

On the other hand, the fact that the defendant recognized the crime of this case and opposed to it, the fact that the damaged police officers submitted a written application claiming the defendant's wife, and that the degree of interference with official duties is not serious 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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