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(영문) 서울동부지방법원 2017.12.14 2017노1328
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 (3 million won in penalty) is too unhued and unreasonable.

2. Although the nature of the crime of this case that prevents the execution of official duties by assaulting the police officer who intends to arrest the defendant's child, it cannot be deemed unfair because the court below's punishment is too unfeasible, considering the following: (a) there is no previous conviction in Korea; (b) there is no previous conviction in Korea; and (c) the degree of assault against the police officer is not limited; and (d) other conditions of sentencing specified in the arguments of this case including the defendant's age, sexual behavior, environment, etc.

3. Accordingly, 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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