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(영문) 수원지방법원 2019.01.10 2018노5533

공무집행방해

Text

The prosecutor's appeal is dismissed.

Reasons

1. The sentence of the court below (two years of suspended sentence in four months of imprisonment) is too unhued and unfair.

2. Although the crime of this case was committed by assaulting a police officer in charge of performing official duties and obstructing the performance of official duties, it does not seem that the sentence of the court below is too unreasonable in light of the following: (a) the Defendant appears to have an attitude against the Defendant; (b) the degree of assault was not excessive; (c) the Defendant’s mental health status was not good; and (d) the Defendant’s age, character and conduct, environment, family relationship, motive for the crime, method of crime, and circumstances after the crime were committed.

3. Therefore, 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.