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(영문) 서울남부지방법원 2017.11.24 2016노1660
업무방해등
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (unfair sentencing) of the lower court’s sentence (amounting to five million won) is too uneasy and unreasonable.

2. The crime of this case is recognized as having been committed by the Defendant, without any justifiable reason, to interfere with the duties of the taxi engineer and to assault the police officer, and the nature of the crime is not good.

However, in full view of the facts that the Defendant was a primary offender with no history of punishment, the fact that the Defendant was under the influence of alcohol and seems to have committed a contingent crime, the fact that all of the crimes are recognized and erroneous, and all of the sentencing conditions in the records and arguments in this case, it is judged that the sentence imposed by the lower court is appropriate, and that the sentence imposed by the Defendant is too uneasible and unfair, and thus, the prosecutor’s assertion is groundless.

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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