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(영문) 수원지방법원 2017.12.07 2017노5505

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

2. The instant crime committed by the Defendant upon receiving a report on domestic violence and obstructing the performance of duties by assaulting two police officers dispatched by the Defendant. In light of the background of the crime, the nature of the crime is not somewhat good, and in particular, the act of causing harm to police officers in the process of performing duties as above is in need of strict punishment for eradicating the light of public authority, and is disadvantageous to the Defendant.

However, it is important that the defendant recognized the crime of this case and against it, and the extent of assaulting police officers or obstructing official duties is serious.

Considering the facts that it is difficult to see that the Defendant’s age, sexual conduct, environment, family relationship, motive, and circumstances after the crime, etc., and all the sentencing conditions indicated in the instant case’s records and arguments, the lower court’s punishment cannot be deemed unfair because it is too unfasible. Thus, the Prosecutor’s 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.