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(영문) 서울동부지방법원 2015.05.22 2015노105
공무집행방해
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal is unreasonable because the lower court’s punishment (three million won of a fine) is too unhued.

2. In light of the following: (a) the determination of the court below; (b) the Defendant’s act is an unfair infringement against the legitimate public authority, and the degree of the Defendant’s act cannot be deemed to be less and less than that of the crime; (c) however, considering that the Defendant’s mistake was divided from the investigative agency to the trial; and (d) the Defendant has no criminal record, the sentence of the court below cannot be deemed to be unfair because its punishment is too uneasible.

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 groundless.

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