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(영문) 서울동부지방법원 2016.06.24 2016노267
공무집행방해등
Text

The prosecutor's appeal is dismissed.

Reasons

The gist of the prosecutor’s appeal is that the sentence of the court below (6 months of imprisonment, one year of suspended execution, one year of protection observation, and 40 hours of violent therapy) imposed on the defendant is too unfasible and unfair in light of the following: (a) the crime of this case is committed by the defendant as a crime of this case, such as interference with the performance of official duties by police officers wearing uniform uniforms; and (b) the defendant has a record of assault against the defendant.

In light of the above circumstances alleged by the prosecutor, the sentence of the lower court is deemed to have been determined by considering all the above circumstances. In full view of the fact that the Defendant deposited KRW 500,000 for the victim C and the police officer in charge for E after the closure of the pleadings in the instant case, and other circumstances that are conditions for sentencing, such as the Defendant’s age and environment, the sentence of the lower court cannot be deemed to be unfair because it is too low.

Therefore, since the prosecutor's appeal is without merit, it is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.

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