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(영문) 서울남부지방법원 2016.11.18 2016노403
공무집행방해
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (a fine of three million won) declared by the lower court is too unhued and unreasonable.

2. Determination ① The crime of obstruction of performance of official duties requires strict punishment in order to protect the legal order and establish the public authority, and the fact that the defendant is not good to the nature of the crime, such as avoiding disturbance in the earth area and cutting the clothes of police officers due to its appearance, is disadvantageous.

However, in full view of the following circumstances: (a) the Defendant did not have any history of punishment for the same crime; (b) recognized the instant crime; and (c) other circumstances, such as the background, means, results, and the circumstances after the instant crime, the sentence of the lower court cannot be deemed to be unreasonable because the sentence is too unreasonable.

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

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