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(영문) 서울중앙지방법원 2019.10.11 2019노1028
공무집행방해
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (e.g., a fine of three million won) of the lower court is too unfilled and unreasonable.

2. The crime of this case committed by the Defendant upon receiving a report 112 and obstructing legitimate performance of official duties by assaulting a police officer on the face of a uniform worn by him/her, etc.

However, in full view of all other circumstances, including the Defendant’s age, character and behavior, the environment, motive and consequence of the crime, and the circumstances after the crime, the lower court’s punishment is too unjustifiable, even considering the circumstances asserted by the Prosecutor as the grounds for appeal, even if it is considered that the Prosecutor’s grounds for appeal are considered that it is unreasonable to deem that the sentence of the lower court is too unreasonable.

Therefore, the prosecutor's above assertion is without merit.

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

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