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(영문) 수원지방법원 2016.03.25 2015노6084

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

2. Despite the fact that the defendant was subject to criminal punishment for several violent crimes, it is not good that such crime is committed by taking a bath or assault against a police officer wearing a uniform dispatched upon receiving a report.

However, in full view of the following circumstances: (a) the Defendant recognized the instant crime and reflects the fact that the Defendant was committing the instant crime; (b) deposited KRW 1.5 million for the police public officials actually damaged by the Defendant; (c) the Defendant’s wife and the head of the O, who was the foundation of the instant case, submitted a written application for a carbon in the first instance trial; and (d) the Defendant’s family members and employees wish to lead the Defendant; and (c) other circumstances that are the conditions for sentencing as indicated in the instant case, such as the Defendant’s age, sex behavior, environment, family relationship, etc.; and (d) the lower court’s punishment is too unreasonable and thus, the prosecutor’s allegation of the foregoing illegal sentencing is groundless.

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.