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(영문) 광주지방법원 2016.06.21 2015노3352
공무집행방해
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal is that the lower court’s punishment (3 million won in penalty) is too unfilled and unfair (a prosecutor stated his/her opinion that he/she should be punished by imprisonment with labor for up to eight months). 2. The Defendant has no past criminal history.

The Defendant assaulted a police officer's clothes once under the influence of alcohol, and there was a serious damage caused by a crime.

It is difficult to see it.

In addition, comprehensively taking account of the Defendant’s age, sexual conduct, environment, motive, means and consequence of the crime, and all of the sentencing conditions in the instant case, such as the circumstances after the crime, etc., it is difficult to view that the sentence of a fine of KRW 3 million imposed by the lower court against the Defendant is within the reasonable scope of discretion, and that it is necessary to destroy the Defendant’s excessive ero

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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