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(영문) 서울서부지방법원 2019.10.17 2019노1104
공무집행방해
Text

The prosecutor's appeal is dismissed.

Reasons

1. The sentence imposed by the court below (two months of imprisonment) is too unhued and unreasonable.

2. The act of obstructing the performance of official duties is likely to obstruct the establishment of legal order and undermine the authority of the public authority, and the Defendant has a large number of criminal records including criminal records, and the Defendant was sentenced to a suspended sentence of ten months with labor for interference with business, etc. at the Seoul Western District Court on August 18, 2017, and the Defendant committed the instant crime even though the said judgment became final and conclusive on August 26, 2017, is disadvantageous to the Defendant.

However, the degree of the exercise of force against the victimized police officers is relatively not much severe, and the defendant recognizes his/her criminal act and reflects his/her criminal act is favorable to the defendant.

In addition, comprehensively taking account of the Defendant’s age, character and conduct, environment, motive and circumstance leading to the instant crime, circumstances before and after the instant crime, etc., the judgment of the lower court’s sentencing cannot be deemed to have exceeded the reasonable bounds of discretion.

In addition, there is no change in circumstances that it is unreasonable to maintain the sentencing of the court below in the trial.

Therefore, the prosecutor does not accept the prosecutor's allegation of unfair sentencing.

3. The prosecutor's appeal of conclusion 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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