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(영문) 서울동부지방법원 2020.06.18 2019노1810
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 (a fine of KRW 7,00,000) is too unhued and unreasonable.

2. Determination of the crime of this case is an unfavorable circumstance to the defendant for the following reasons: (a) the crime of this case prevents a police officer from performing his/her duties by receiving a report of 112; (b) the quality of the crime was bad; and (c) there was a record of having been punished several times for the same crime; and (d)

On the other hand, the fact that the defendant recognized the crime of this case and opposed to it, and that the degree of exercising tangible power is not much serious is favorable to the defendant.

In addition, in full view of the arguments and records of the instant case, the lower court’s sentencing appears to have been appropriately determined by taking into account the above normal relationship and the grounds for sentencing alleged by the prosecutor, and there are no special circumstances to the extent that the sentencing is changed ex post facto, so the Prosecutor’s assertion of unfair sentencing 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 ground that it is without merit.

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