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(영문) 서울중앙지방법원 2018.12.06 2017노3226
폭행등
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (unfair sentencing) of the lower court’s punishment (amounting to four million won) against the Defendant is too uneased and unreasonable.

2. The crime of obstructing the performance of judgment on official duties requires strict punishment in order to establish public authority, protect legal order, and eradicate the light of public authority. There are unfavorable circumstances, such as the Defendant’s failure to agree with the victims, and the Defendant committed each of the instant crimes repeatedly the same kind of crimes, even though the Defendant was notified of a summary order on two occasions in 2015 and 2016 and became final and conclusive due to the crime of obstructing the performance of official duties or of assault.

However, in light of the following circumstances: (a) there is no history of punishment exceeding a fine against the Defendant; (b) the degree of assault against each of the instant crimes is relatively minor; and (c) in the event of a crime interfering with the performance of official duties, the Defendant appears to have committed any contingent act; and (d) the Defendant’s age, sexual conduct, motive, means and consequence of the instant crime; and (e) other circumstances that are conditions for sentencing specified in the records and arguments, such as the circumstances after the instant crime, etc., the sentence imposed by the lower court is too uneasy and unfair, and thus, the Prosecutor’s assertion is groundless.

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 appeal is without merit. It is so decided as per Disposition.

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