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(영문) 서울남부지방법원 2017.10.13 2016노2016
공무집행방해
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (unfair sentencing) by the court below is unreasonable as it is too unfasible to the extent that the punishment (3 million won in penalty) imposed by the court below is too unfased.

2. In light of the circumstances alleged by the prosecutor on the grounds of appeal, such as the fact that there is a need to strictly punish a prosecutor for the establishment of public authority and the protection of legal order, etc., the lower court’s sentence imposed on the Defendant is deemed appropriate, and the prosecutor’s assertion is not unreasonable, on the grounds that, in full view of all the circumstances favorable to the grounds of sentencing (e.g., reflectivity, deposit, etc.) and all the sentencing conditions shown in the instant records and arguments, including the fact that the two previous criminal convictions were prior to 193.

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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