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(영문) 수원지방법원 2017.10.12 2016노8160

공무집행방해등

Text

The prosecutor's appeal is dismissed.

Reasons

1. The main point of the grounds for appeal is that the lower court’s punishment (4 million won in penalty) is too unhued and unreasonable.

2. The judgment of this case is an unfavorable circumstance to the defendant, where the defendant was called out after receiving a 112 report and attempted to help him/her to commit violence, and the nature of the crime is inferior, and there is a need to strictize such crime in order to establish a national legal order and eradicate the light view of public authority, and it is difficult to find out the circumstances where the defendant received a letter from the victimized police officer or endeavored to recover from damage.

However, in full view of all the sentencing conditions in the records of the instant case, including the fact that the Defendant was aware of his/her criminal act, the history of punishment in Korea is not confirmed, and the Defendant’s age, sex, environment, circumstances, circumstances after the commission of the crime, etc., the prosecutor’s assertion is without merit, since the lower court’s punishment is too uneasible and unreasonable.

3. In conclusion, 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.