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(영문) 서울남부지방법원 2018.08.31 2017노1994
공무집행방해
Text

The prosecutor's appeal is dismissed.

Reasons

1. The sentence (3 million won in penalty) declared by the court below on the gist of the grounds of appeal is deemed to be too unhutiled and unfair.

2. Considering the circumstances alleged by the prosecutor on the ground of appeal (the fact that the crime of this case was committed against the police officer dispatched upon the report of 112 and the nature of the crime of this case was poor by the use of violence, and thus obstructing official performance of official duties), the court below's decision was made on the ground of sentencing (the defendant's crime is against the defendant, and there is no criminal record on the defendant's criminal punishment) and it seems that the defendant's occurrence of the crime of this case would have resulted in a sudden and contingent crime, taking into account all the sentencing conditions shown in the records and arguments including the fact that the defendant deposited some money for the victimized police officers at the court below, and the sentence imposed by the court below is deemed appropriate, and it is unfair because it is too unjustifiable. Thus, the prosecutor's assertion is without merit.

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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