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(영문) 서울중앙지방법원 2019.09.26 2016노4581
공무집행방해
Text

The prosecutor's appeal is dismissed.

Reasons

1. The gist of the grounds for appeal is that the lower court’s penalty of KRW 4 million (a fine of KRW 4 million) is too unhued and unreasonable.

2. The judgment of the Defendant committed the instant crime during the period of repeated crime, and the nature of the instant crime is not good in light of the background and form of the act.

However, in full view of the records, such as the Defendant’s age, character and conduct, environment, family relationship, motive and consequence of the crime, circumstances after the crime, etc., as well as the sentencing conditions indicated in the argument of the instant case, it is difficult to deem that the lower court’s punishment is too light beyond the reasonable discretion scope.

3. The appeal by the prosecutor of conclusion is without merit.

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