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(영문) 서울남부지방법원 2020.01.09 2018노2477
공무집행방해
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (e.g., a fine of three million won) imposed by the lower court is too uneased and unreasonable.

2. There are no new circumstances or changes in circumstances that can be reflected in the sentencing after the court below sentenced the judgment.

The fact that the crime of this case used violence to a public official in charge of performing official duties and the nature of the crime is not good, etc. is disadvantageous to the defendant.

However, in full view of various circumstances that are favorable to the defendant, including the fact that the defendant recognized his mistake and divided, and that there is no previous conviction against the defendant, the sentencing of the court below does not seem to be excessively minor beyond the scope of reasonable discretion, considering the following circumstances: the defendant’s age, character and behavior, environment, relationship with the victim, motive and consequence of the crime, and circumstances after the crime.

The prosecutor’s assertion of unfair sentencing is not acceptable.

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. It is so decided as per Disposition.

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