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(영문) 서울서부지방법원 2016.06.16 2016노463
공무집행방해
Text

The prosecutor's appeal is dismissed.

Reasons

The gist of the prosecutor's appeal is that the court below's punishment (five million won in penalty) is too unfluent and unfair.

The crime of this case is an element of sentencing unfavorable to the defendant, such as the fact that the defendant has committed violence against a police officer who has properly performed his official duties, and thus the public authority and legal order need to be strict. The crime of this case was committed during the period of repeated crime, and the fact that the defendant has the same criminal records.

However, in full view of the following factors: (a) the Defendant is led to confession and reflect by the police officer; (b) the police officer D wanted the Defendant’s wife against the Defendant; (c) the instant crime was committed contingent; and (d) the degree of assault was relatively heavy; and (c) the Defendant’s age, sexual conduct, environment; (d) the process and consequence of the instant crime; and (e) the circumstances after the commission of the crime, etc., various sentencing factors indicated in the instant pleadings, such as the circumstances after the commission of the crime, etc., the lower court’s

Therefore, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the prosecutor's appeal is without merit. It is so decided as per Disposition.

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