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(영문) 서울남부지방법원 2017.11.03 2016노2211
공무집행방해
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (unfair sentencing) by the court below is unreasonable as it is too unfasible to the extent that the penalty (4 million won) imposed by the court below is too unfased.

2. Obstructing the performance of judgment on official duties requires strict punishment for the establishment of public authority and the protection of legal order, and the crime of this case is committed by the defendant using violence to police officers who intend to rescue himself/herself, and is disadvantageous to the nature of the crime.

However, in full view of the following facts: (a) the Defendant has long been sentenced one time to a fine for a crime of different types of crime; (b) the Defendant has no record of punishment; (c) recognized the crime of crime; (d) committed a mistake in depth; and (e) did not limit the degree of assault; and (e) other sentencing conditions in the records and arguments of this case, the sentence imposed by the lower court is deemed appropriate; and (e) it seems unfair because it is too un

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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