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(영문) 서울중앙지방법원 2017.08.31 2017노1675
공무집행방해
Text

The prosecutor's appeal is dismissed.

Reasons

The summary of the grounds for appeal (unfair sentencing) of the judgment of the court below is unfair because the punishment (five million won in penalty) imposed by the defendant is too uneased.

Judgment

The crime of this case is an unfavorable circumstance to the defendant, such as that the defendant interfered with a police officer's legitimate performance of official duties by duplicing a police officer wearing a uniform at a police station, and that there was a record of punishment for the same crime (damage to public goods).

However, the fact that the defendant is recognized as committing the crime of this case and is against the law, does not drink in the future, and does not repeat the crime.

The fact that there is no criminal history of the suspension of execution or more than twice of fine, and that there is no criminal history of the suspension of execution or more is favorable to the defendant.

In addition, in full view of the various circumstances, including the Defendant’s age, sex, family relationship, environment, and circumstances after the crime, etc., the prosecutor’s assertion is not acceptable on the grounds that the sentence imposed by the lower court is too uneasible and unreasonable.

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

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