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(영문) 수원지방법원 2017.08.18 2017노1643

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

2. The instant crime committed by the Defendant is an unfavorable circumstance to the Defendant, inasmuch as the Defendant, who was receiving a report from a substitute driver or a pilot, takes a desire to insult the police officer, received the face part of the police officer due to his head, and obstructed the performance of official duties, and the liability for such crime is not somewhat minor, and the Defendant has been punished several times for violent crimes, etc.

On the other hand, the fact that the defendant reflects his mistake in depth, and that the defendant has no record of punishment beyond the suspended sentence is favorable to the defendant.

In light of all of the above circumstances and the circumstances leading up to the instant crime and the background leading up to the instant crime, etc., it is difficult to deem that the lower court’s punishment is too uneasible and unfair in light of the overall sentencing conditions under Article 51 of the Criminal Act.

Therefore, the prosecutor's above 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.

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