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(영문) 광주지방법원 2016.07.12 2015노3568
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 (the prosecutor stated his opinion that the Defendant should be punished by imprisonment with labor for ten months). 2. The Defendant did not have any same power, and the Defendant was placed on the patrol unit.

his body was assaulted by the police officer, and the occurrence of a serious result was caused by the crime.

It is also difficult to see it.

In addition, comprehensively taking account of the Defendant’s age, sexual conduct, environment, motive, means, and consequence of the crime, all of the sentencing conditions in the instant case, such as the circumstances after the crime, etc., it cannot be deemed unfair because the sentence imposed by the lower court is too uneasible.

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

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