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(영문) 수원지방법원 2018.04.27 2017노7360

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 (7 million won in penalty) is too unhued and unreasonable.

2. The crime of this case was committed by the Defendant with assault, such as the Defendant’s desire to, or neglect to, a police officer who lawful performance of official duties, and the nature of the crime is not good, and the Defendant again committed the crime of this case even though he had been punished by a fine due to past violent crimes, despite the fact that he had committed the crime of this case.

On the other hand, the fact that the defendant seems to reflect his mistake, that there is no record of punishment exceeding the fine for the defendant, that the defendant deposited KRW 500,00 for H by the damaged police officer, and that the social relationship of the defendant seems to be clear is favorable to the defendant.

Considering the above circumstances and the Defendant’s family relation, health status, occupation, age, sexual conduct, environment, motive for committing a crime, and circumstances after committing a crime, comprehensively taking into account the following circumstances, it is difficult to view that the lower court’s punishment is too unfeasible and unfair in light of the following circumstances: (a) the lower court’s punishment is too unfasible and unreasonable.

Therefore, 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 appeal is without merit. It is so decided as per Disposition.