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(영문) 수원지방법원 2013.11.21 2013노3815

공무집행방해등

Text

The prosecutor's appeal is dismissed.

Reasons

1. The lower court’s sentencing (two months of imprisonment, two years of suspended execution, and one hundred and twenty hours of community service order) is deemed too unhued and unreasonable in the grounds of appeal.

2. According to the records, the defendant committed the instant crime even though the same and similar criminal records have been two times, and the face of the police officer directly at his/her face, resulting in injury requiring approximately three weeks of medical treatment, and the quality of the crime is not exceptionally applied to him/her.

However, in full view of the following circumstances, the sentencing of the court below seems appropriate in view of the fact that the defendant has violated his/her own mistake, the fact that the defendant has been sentenced to a fine, and other circumstances such as the defendant's occupation, age, character and conduct, family environment, circumstances leading to the crime, and circumstances after the crime.

3. In conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act as it is without merit. It is so decided as per Disposition.