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(영문) 서울남부지방법원 2017.05.12 2016노1287
공무집행방해
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (unfair sentencing) of the lower court’s sentence (six months of imprisonment and two years of suspended sentence) is deemed to be too uneasy and unfair.

2. Considering the fact that a crime of obstructing the performance of official duties requires strict punishment for the establishment of public authority and the protection of legal order, and that the defendant re-offenders of the instant crime even though one year has not passed since the period of suspension of execution due to the obstruction of the performance of official duties was limited, considering the circumstances that the lower court rendered on the grounds of sentencing and the degree of exercise of force against the police officer, and all the sentencing conditions shown in the records and arguments of this case, including the fact that the degree of exercise of force against the police officer is relatively minor, the sentence imposed by the lower court is deemed appropriate, and the prosecutor’s assertion is unreasonable because it is too unreasonable.

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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