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(영문) 서울중앙지방법원 2016.05.26 2016노539
공무집행방해등
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 punishment (6 million won in penalty) imposed by the court below is too unfased.

2. The content of the crime obstructing the execution of official duties of this case is not such that the nature of the crime is less light.

However, if the court below comprehensively takes into account the circumstances favorable to the defendant, including the background and process leading up to the crime of this case, the age of the defendant, health, home environment, etc., and all other circumstances constituting the conditions for sentencing specified in the records and arguments, such as the fact that the degree of participation in the crime of general traffic obstruction is not limited, the degree of participation in the crime of this case shows the attitude of recognizing and reflecting his mistake, and there is no criminal history of the same kind of crime and the punishment of severe punishment, etc., it is not recognized that the sentencing of the court below exceeded the reasonable scope of discretion because it is too un

3. Accordingly, 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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