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(영문) 수원지방법원 2016.08.26 2016노1032

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

2. The judgment of the defendant is not against the nature of the crime by taking a bath or assault against a police officer wearing a uniform called out after receiving a report on the disturbance.

However, in full view of the following circumstances: (a) the Defendant, who had no record of criminal punishment prior to the instant crime, recognized the instant crime as a primary offender without any history of criminal punishment; (b) the Defendant appears to have committed the instant crime by drinking alcohol and contingently; (c) the degree of damage inflicted upon police officials is not significant; and (d) the Defendant’s age, sexual conduct, environment, family relationship, and other circumstances that form the condition for sentencing specified in the instant case, such as the Defendant’s age, sex, family relationship, etc., the lower court’s punishment is too uneasible and thus is deemed unfair; and thus,

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.