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(영문) 서울중앙지방법원 2016.10.27 2016노2432
공무집행방해등
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (e.g., a fine of two million won) imposed by the court below on the defendant is too unhued and unreasonable.

2. The instant crime was established under the circumstances unfavorable to the Defendant, such as not only assaulting the taxi driver, but also assaulting the police officer to arrest a flagrant offender and waiting at the police box, and thus obstructing the performance of official duties. However, it appears that the Defendant was committing the instant crime; the Defendant was suffering from mental illness such as depression; the Defendant agreed with the victim C, who is the driver of the instant crime during the investigation process; the Defendant’s compensation case brought by the victimized police officer G against the Defendant (Seoul Western District Court Decision 2016Gaso2930) for damages that the Defendant would pay KRW 1.2 million to G by November 30, 2016. Accordingly, the Defendant paid KRW 1.2 million to G on October 21, 2016, the Defendant did not have any criminal power; the Defendant did not have any other criminal record; the Defendant’s environment, the Defendant’s age, character, and conduct, and the circumstances before and after the instant crime were considered to be unfair, and thus, the lower court rejected the conditions of the instant crime.

3. In conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the ground that it is without merit. It is so decided as per Disposition.

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