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(영문) 수원지방법원 2018.01.25 2017노7100

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. It is recognized that the instant case is a matter involving the Defendant’s wearing a uniform and taking a bath to police officers performing official duties and committing violence, and that there is a need to strictize such crimes in order to establish a national legal order and eradicate the light of public authority.

However, in full view of all the sentencing conditions indicated in the records of this case, such as the fact that the Defendant fully recognized the Defendant’s crime, the degree of assault committed by the Defendant was relatively excessive, the record of criminal punishment in Korea is not confirmed, and the Defendant’s age, sex, environment, motive and circumstance of the crime, and circumstances after the crime, etc., the prosecutor’s assertion is without merit, since the lower court’s punishment is too uneasible and unfair.

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.