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(영문) 서울동부지방법원 2020.05.21 2020노352
공무집행방해등
Text

The prosecutor's appeal is dismissed.

Reasons

1. The main point of the grounds for appeal is that the court below's imprisonment (eight months of imprisonment) is too unhued and unreasonable.

2. The crime of this case committed by the Defendant, upon receiving a report of 112, interferes with the legitimate performance of duties by police officers, resulting in injury in the process of the crime, and the crime of this case committed during the suspension period of execution of the same crime, which is disadvantageous to the Defendant.

On the other hand, the fact that the defendant recognized all of the crimes of this case, suffered from mental disorder, such as bipolartic disorder, depression, unstable disorder, etc., and that the police officer D submitted a written application that he does not want to be punished by the defendant 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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