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(영문) 서울남부지방법원 2016.12.22 2016노905
공무집행방해등
Text

The prosecutor's appeal is dismissed.

Reasons

1. The gist of the grounds of appeal is that the instant crime committed by the Defendant, who received a report while making a demand without any fluencing female at the her motherel, constitutes an assault against the police officer who called out after receiving the report, and the nature of the crime is poor, and the Defendant does not seem to have a fluence against the victimized police officer. In light of the fact that the Defendant’s fluencing of the Defendant’s death with a serious mind, the punishment sentenced by the lower court is too unreasonable

2. Examining the Defendant’s age, character and conduct, environment, motive, means and consequence of the crime, circumstances after the crime, criminal records, and the reasons for sentencing of the lower judgment, including favorable or unfavorable circumstances to the Defendant, the lower court’s punishment is too unjustifiable, even in light of various circumstances asserted by the Prosecutor as the grounds for appeal.

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

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