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(영문) 서울동부지방법원 2016.06.16 2016노13
업무방해등
Text

The prosecutor's appeal is dismissed.

Reasons

1. The sentence of the lower court (two years of suspension of execution and observation of protection, community service order and order to attend a lecture in October) on the summary of the grounds of appeal is deemed to be too unfasible and unreasonable.

2. In full view of the following circumstances, the lower court’s punishment cannot be deemed unfair because it is too appropriate and too unaffortuous, taking into account the following circumstances: (a) the Defendant’s history of the same kind of crime, such as violence and obstruction of duty; (b) the Defendant committed the instant bodily injury, even after being investigated by the police due to the interference with the instant duties and obstruction of the performance of official duties; (c) the Defendant committed the instant bodily injury; (d) the attitude of each of the instant crimes was not significant; (e) the Defendant was a fine, except once a suspended sentence; (e) the Defendant was able to refrain from drinking, and all other circumstances constituting the conditions for the sentencing specified in records and pleadings.

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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