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(영문) 의정부지방법원 2017.04.17 2017노2
특수공무집행방해
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (unfair sentencing) of the lower court’s sentence (the imprisonment of eight months, the suspension of execution of two years, the observation of protection, and community service 80 hours) is deemed to be too uneasy and unreasonable.

2. The judgment of the defendant is heavy in that the defendant found his/her married, and then appealed from the circumstance investigation, and the defendant threatened the police officer on official duty with a knife, which is a deadly weapon.

However, in light of the fact that there is no record of punishment for the Defendant as a crime obstructing the performance of official duties, and other various conditions of sentencing as indicated in the record, such as the background of the crime, the degree of threat, the circumstances after the crime, and the character and conduct of the Defendant, the lower court’s punishment is too uneasible and 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.

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