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(영문) 서울중앙지방법원 2017.04.20 2016노4846
공무집행방해
Text

The prosecutor's appeal is dismissed.

Reasons

1. The decision of the court below on the gist of the grounds of appeal (five million won in penalty) is unreasonable because it is too unfluened.

2. The Defendant committed a crime within a short period of time after having been sentenced to multiple punishment of violence, or having been released from prison life for a long time, etc. is disadvantageous to the Defendant.

However, in full view of the favorable circumstances, such as the fact that the defendant was a contingent crime, the fact that the defendant was found guilty, the fact that the defendant was not guilty of interfering with the performance of official duties, and other various sentencing conditions as shown in the records and arguments of this case, such as the defendant's age, sexual conduct, environment, and circumstances after the crime, it is not recognized that the sentence of the court below is too unjustifiable and unfair.

Therefore, the appeal by the prosecutor is dismissed as it is without merit, and it is so decided as per Disposition.

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