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(영문) 수원지방법원 2018.01.24 2017노8419

특수공무집행방해

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The prosecutor's appeal is dismissed.

Reasons

1. The main point of the grounds for appeal is that the lower court’s punishment (a prison term of eight months, confiscation) is too unhued and unreasonable.

2. The crime of this case by carrying two knife knifes, which are dangerous objects of the defendant, prevents police officers from performing their duties, and the nature of the crime is not weak in light of the contents and result of the crime.

In addition, the criminal history of one defendant has reached 27 times, and there are criminal records of obstructing the execution of official duties, and the punishment of violence has reached a majority.

On the other hand, however, the defendant shows the attitude of recognizing and opposing his mistake, and the defendant's act did not cause significant damage because of intimidation.

In addition, it seems that it is a contingent crime in Korea, and the defendant has to be treated as a result of the future alcohol-related symptoms.

There are many things.

Considering the above circumstances unfavorable or favorable to the defendant, and the age, sex, environment, and all other conditions of sentencing as shown in the argument of this case, the sentence of the court below is too uneasible and it does not seem unfair. Thus, the prosecutor's above assertion 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 grounds that the prosecutor's appeal is without merit. It is so decided as per Disposition.