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(영문) 서울남부지방법원 2018.01.19 2016노1945
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 (five months of imprisonment, two years of suspended sentence, observation of protection, community service) is too unfluent and unfair.

2. In full view of the circumstances that the court below rendered on the grounds of sentencing (the previous conviction of a fine and the degree of violence, etc.) and the degree of violence are relatively minor, and all the sentencing conditions in the records and arguments of this case, including the absence of any change in circumstances after the court below, the sentence imposed by the court below is deemed appropriate, and thus, it cannot be deemed unfair because it is too uneasible. Thus, the prosecutor’s assertion is without merit.

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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