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(영문) 수원지방법원 2017.09.21 2017노3278
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 (two million won in penalty) is too unhued and unreasonable.

2. It is recognized that the instant case is a matter of assaulting a police officer who wears his uniform and performs official duties, and that there is a need to strictize it in order to establish a national legal order and eradicate the light of public authority.

However, in full view of the following factors: (a) the Defendant recognized all of the crimes committed by the Defendant; (b) the degree of assault committed by the Defendant was relatively excessive; and (c) the Defendant did not have any particular history of punishment in addition to the punishment once imposed for the crimes of this kind in 1979; and (d) the Defendant’s age, sex, environment, motive and circumstance of the crime; and (b) all the sentencing conditions indicated in the records of this case, such as the circumstances after the crime, etc., the Prosecutor’s assertion is without merit since the Defendant’s punishment

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.

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