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(영문) 서울중앙지방법원 2020.05.08 2019노2321
공무집행방해
Text

The prosecutor's appeal is dismissed.

Reasons

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

2. The judgment of the court below does not mean that the punishment of the court below exceeded the reasonable scope of discretion, by comprehensively taking account of the following circumstances and various sentencing conditions stated in the court below's reasoning, including that the defendant wears uniform and uses violence to police officers performing official duties. However, if the defendant reflects his mistake in depth, and the defendant did not have the same criminal record, it cannot be deemed that the punishment of the court below exceeded the reasonable scope of discretion.

Therefore, 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 as it is without merit. It is so decided as per Disposition.

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