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(영문) 수원지방법원 2016.12.16 2016노4588

공무집행방해등

Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (four million won of a fine) by the lower court is deemed to be too unhued and unreasonable.

2. The fact that the police officer called out after receiving a report on a crime committed by the Defendant is assaulted by the Defendant, and that the nature of the crime is not less weak by insulting another police officer who investigated the Defendant, and that the said police officer is punished by the Defendant, etc. is disadvantageous.

However, the victims of the crime of causing property damage are not punished by the defendant, the crimes are against the defendant, and there is no criminal record.

In addition, considering the motive and background of the crime, the circumstances after the crime, the age, character and conduct, environment, etc. of the defendant, and all the sentencing conditions as shown in the arguments, the sentence of the court below cannot be deemed as being too uneasible and unreasonable.

3. The prosecutor's appeal of 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.