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(영문) 서울남부지방법원 2017.01.13 2016노929
공무집행방해
Text

The prosecutor's appeal is dismissed.

Reasons

1. The main point of the grounds for appeal is that the sentence of the lower court (3 million won in penalty) is too unhued and unreasonable.

2. There is a need for strict punishment for interference with the performance of judgment on official duties in order to protect legal order and to establish public authority, and the fact that the defendant, upon receiving a report from 112, is not good to the nature of the crime, such as walking the police officer's scambling.

However, in full view of all the circumstances, such as the background, means, results, and circumstances after the crime of this case, the sentence of the court below cannot be deemed to be unfair because it is too unfeasible.

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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