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(영문) 수원지방법원 2017.10.19 2017노3649

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

2. As to the instant crime, the act of causing harm to a police officer on duty, such as the act of causing harm to the trust of public authority, which requires strict punishment for eradicating public authority, and the Defendant committed an assault to two police officers dispatched during his state while being in his state, and the fact that the crime was somewhat poor due to the use of the assault to two police officers dispatched during his state while being in his state, etc., are disadvantageous to the Defendant.

However, considering all of the sentencing conditions stated in the records and arguments of this case, such as the fact that the defendant recognized the crime of this case, the fact that the court below deposited KRW 1 million for the victimized police officers, the fact that criminal punishment is not confirmed, and the defendant's age, sex, environment, family relationship, motive for the crime, circumstances after the crime, etc., it cannot be deemed unfair since the court below's punishment is too unfeasible and 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.