beta
(영문) 수원지방법원 2017.05.18 2016노6925

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

2. The act of causing harm to police officers in the process of performing duties, such as the instant crime, is likely to undermine public authority’s trust, and thus requires strict punishment in order to eradicate the clibity of public authority.

However, considering all the sentencing conditions specified in the records and arguments of this case, such as the fact that the defendant recognized the crime of this case, the degree of assault committed by the defendant, the fact that the defendant seems not to be much severe, the fact that criminal punishment is not confirmed, and other factors such as the defendant's age, sex, environment, family relationship, motive, and circumstances after the crime, the court below's punishment is too uneasible and it cannot be deemed unfair. Thus, the prosecutor's 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.