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(영문) 서울동부지방법원 2018.01.18 2017노1348
공무집행방해
Text

The prosecutor's appeal is dismissed.

Reasons

1. The main point of the grounds for appeal is that the lower court’s punishment (3 million won in penalty) is too unhued and unreasonable.

2. Although the nature of the crime in this case, which prevents the execution of official duties by assaulting a police officer, the crime in this case was committed by the defendant, the defendant was committed in the course of committing the crime, and there was no previous conviction who was punished for obstructing the performance of official duties, and the degree of violence against the police officer was not limited, and other factors of sentencing indicated in the arguments in this case such as the defendant's age, sexual behavior, environment, etc., it cannot be deemed unfair because the sentence of the court below is too unfeasible.

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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