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(영문) 서울동부지방법원 2017.11.30 2017노973
업무방해등
Text

The prosecutor's appeal is dismissed.

Reasons

1. The decision of the court below on the summary of the grounds for appeal is improper because the punishment (five million won in penalty) declared by the court below is too unhued.

2. The judgment of the court below is acknowledged to have committed a crime because the defendant committed a crime against the police officer who was dispatched after receiving a report on his duties and obstructed the performance of official duties, and the nature of the crime is not good, and even if there were the same criminal records, it is against the defendant. Meanwhile, the court below agreed with the victim of the crime obstructing the performance of duties, and deposited money for the above police officer, and considering all the sentencing conditions specified in the argument of this case, such as the defendant's age, sex, family environment, the circumstances and results of the crime of this case, and the subsequent circumstances, the court below's punishment is too uneasible and unfair. Thus, the prosecutor's assertion is without merit.

3. Accordingly, the Prosecutor’s appeal of this case is dismissed in accordance with Article 364(4) of the Criminal Procedure Act on the grounds that the appeal of this case is without merit. It is so decided as per Disposition.

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