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(영문) 수원지방법원 2017.12.14 2017노3575

모욕등

Text

The prosecutor's appeal is dismissed.

Reasons

1. In light of the following: (a) in order to establish the public prosecutor’s appellate brief of the grounds for appeal (unfair sentencing) and eradicate the light of the public authority, the crime of obstructing the performance of official duties by police officers in uniform need to be strictly punished; (b) the Defendant has a large number of records of criminal punishment due to violent crimes; and (c) the Defendant committed the instant crime during the period of repeated crime due to the same kind of crime, the lower court’s sentence sentencing KRW 7,000,000 is too uneasible.

2. In full view of the facts alleged in the grounds of appeal, even if the circumstances alleged in the grounds of appeal include the Defendant’s age, sexual conduct, environment, motive and background of the crime, degree of damage, and circumstances after the crime, etc., the lower court’s punishment is too unfasible and unreasonable. Thus, the above assertion is without merit.

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.