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(영문) 수원지방법원 2016.05.27 2016노187

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 unfilled.

2. Although the Defendant was under the influence of alcohol, he was in a situation.

Even though a police official who wears a uniform has explained that he is in performing public duties several times, the crime is not somewhat weak by booming and assaulting it.

However, in full view of the following circumstances: (a) the Defendant is recognized as both the instant crime and is against the Defendant; (b) the Defendant has no means of criminal punishment except for those punished twice by a fine in around 1999 and around 2009; and (c) the Defendant’s age, sex, conduct, environment, family relationship, and circumstances after the commission of the instant crime; and (b) the Defendant’s punishment is too unreasonable and unfair; and (c) thus, the Prosecutor’s unjust assertion of sentencing 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 prosecutor's appeal is without merit. It is so decided as per Disposition.