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(영문) 서울남부지방법원 2018.06.26 2017노121
공무집행방해
Text

The prosecutor's appeal is dismissed.

Reasons

1. The reasons for the prosecutor’s appeal (unfair sentencing) of the lower court’s punishment (amounting to five million won) is too uneasy and unreasonable.

2. The judgment is based on the case where the defendant wears uniforms and assaults the police officers performing official duties, and it is recognized that there is a need to strictize such crimes in order to establish a national legal order and eradicate the light of public authority.

However, in full view of the following factors: (a) the Defendant is a primary offender; (b) the Defendant appears to have committed the instant crime; and (c) the degree of assault accompanied by the instant crime is relatively heavy; and (d) other conditions of sentencing as shown in the pleadings, such as the Defendant’s age, sex, environment, motive, means and consequence of the instant crime; and (b) the lower court’s punishment is too uneasible and unreasonable, and thus, the Prosecutor’s aforementioned assertion is without merit.

3. In conclusion, 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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