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(영문) 수원지방법원 2017.09.21 2017노3661

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 (one 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, it is important that the defendant recognized the crime of this case and opposed to it, and the degree of violence exercised to police officers is serious.

In light of the fact that it is difficult to see the fact that there is no record of criminal punishment exceeding fines, language disorder, etc., and the fact that the physical condition of the defendant was somewhat insufficient, and other conditions of sentencing as shown in the records and arguments of this case, such as the defendant's age, sexual conduct, environment, family relationship, motive for committing the crime and circumstances after committing the crime, the court below's punishment cannot be deemed to be unfair because it is too uneasible and unfair. Thus,

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.