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(영문) 서울중앙지방법원 2017.02.09 2016노2457
공무집행방해
Text

The prosecutor's appeal is dismissed.

Reasons

1. The main point of the grounds for appeal is that the lower court’s punishment (1.5 million won in penalty) is too unhued and unreasonable.

2. It is desirable to refrain from imposing a sentence that does not differ from the judgment of the court of first instance on the ground that the conditions of sentencing are not changed compared to the judgment of the court of first instance, and that the sentencing of first instance is within the reasonable scope of discretion, and that the sentence of first instance falls within the reasonable scope of discretion, but only on the ground that the opinion of the court of first instance differs from the opinion of the court of first instance, it is desirable to refrain from imposing a sentence that does not differ from the judgment of the court of first instance (see Supreme Court Decision 2015Do3260, Jul. 23, 2015). In full view of the following: (a) the degree of interference with police officers’ assault and official duties is not excessive; (b) the degree of interference with the police officer’s assault and official duties is not excessive; (c) a violation of the Punishment of Violences, etc. Act (joint assault) one time suspension of indictment has no criminal record in Korea; and (d) the court below’s error is recognized and against its discretion.

shall not be deemed to exist.

3. The appeal by the prosecutor of the conclusion is without merit and is dismissed in accordance with Article 364(4) of the Criminal Procedure Act.

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