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(영문) 서울남부지방법원 2018.06.22 2016노2267
공무집행방해
Text

The prosecutor's appeal is dismissed.

Reasons

1. The sentence (3 million won in penalty) declared by the court below on the gist of the grounds of appeal is deemed to be too unhutiled and unfair.

2. In full view of all sentencing conditions specified in the records and arguments of this case, the sentence imposed by the court below on the defendant is deemed appropriate, and the sentence imposed by the prosecutor is deemed unfair because it is too unfeasiblely unfasible and too unfasible. However, the defendant's refusal to take passengers appears to have committed the crime of this case in a contingent situation, and the defendant seems to have committed the crime of this case at the age of 87 years old at the time of committing the crime, and the degree of assault was not strong at the time of committing the crime, and it appears that the damaged police officer seems to have committed the crime of this case at the age of 87 years old at the time of committing the crime, considering all sentencing conditions specified in the records and arguments of this case.

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

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