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(영문) 수원지방법원 2018.01.26 2017노5500

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 unfilled and unreasonable.

2. The crime of this case on board was committed by the Defendant, under the influence of alcohol, by assaulting the police officer called out after being subject to a disturbance in restaurant and being reported to 112, and the nature of the crime is not less than that of the crime, and the Defendant has already been punished several times due to violent crimes, and it is also true that the Defendant requires a strict punishment against the Defendant.

However, taking into account the following circumstances: (a) the Defendant recognized the instant crime and divided his mistake; (b) the Defendant agreed with the victim to interfere with his duties; and (c) the Defendant’s age, sexual conduct, environment, relationship with the victim; (b) the motive, means and consequence of the instant crime; and (c) other circumstances that form the conditions for sentencing as indicated in the record, such as the circumstances after the crime, etc., the sentence of the lower court is too unfeasible and unreasonable.

3. According to the conclusion, the prosecutor’s appeal is dismissed in accordance with Article 364(4) of the Criminal Procedure Act, and it is so decided as per Disposition.