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(영문) 서울중앙지방법원 2018.01.23 2017노2642
공무집행방해
Text

The prosecutor's appeal is dismissed.

Reasons

The summary of the grounds for appeal (unfair sentencing) of the judgment of the court below is unfair because the punishment (2 million won in penalty) imposed by the defendant is too uneased.

Judgment

The crime of this case is committed by assaulting a police officer who wears a uniform called upon receiving a report of 112, thereby obstructing the performance of official duties, and the quality of such crime is not good, and is disadvantageous to the defendant.

However, the fact that the defendant is recognized as committing the crime of this case and is against the defendant, and that there is no criminal record of the suspension of execution or heavier punishment or criminal records of the same crime, etc. are favorable to the defendant.

In addition, in full view of the various circumstances, including the Defendant’s age, sex, family relationship, environment, and circumstances after the crime, etc., the prosecutor’s assertion is not acceptable on the grounds that the sentence imposed by the lower court is too uneasible and unreasonable.

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

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