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(영문) 서울서부지방법원 2018.09.13 2018노749
업무방해등
Text

The prosecutor's appeal is dismissed.

Reasons

1. The main point of the grounds for appeal is that the lower court’s punishment (six months of imprisonment) is too unhued and unreasonable.

2. 판단 피고인은 술에 취하여 식당에서 소란을 부리고 이를 제지하는 경찰관에게 의자를 던지는 시늉을 하는 등으로 폭행하였다.

The criminal records of violence, interference with duties, and interference with the execution of official duties are 23 times in total (2 times in office, 2 times in suspension of execution), and the period of repeated crime is a period of repeated crime, which is disadvantageous to the sentencing.

However, the degree of the interference with the instant business and the interference with the performance of official duties is not relatively more severe, and it is more favorable to sentencing that the defendant does not want the punishment by mutual consent with the victim of the interference with business, and that the defendant should recognize, reflect, and not repeat the crime.

In addition, comprehensively taking account of the various circumstances that constitute the conditions for sentencing, such as the Defendant’s age, sex, family relationship, living environment, means and result of the crime, the sentencing of the lower court selected within the scope of the sentencing guidelines set by the Supreme Court has exceeded the reasonable bounds of discretion.

shall not be deemed to exist.

We do not accept the prosecutor's improper argument of sentencing.

3. The appeal by the prosecutor of the 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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