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(영문) 수원지방법원 2016.09.23 2016노2358
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 (four million won in penalty) is too unhued and unreasonable.

2. It is reasonable to view that the nature of the crime is poor, and that the degree of assault is not somewhat minor since the case was committed against two police officers who were duly performing official duties on behalf of the defendant by being dispatched to the site after receiving a report on 112 judgment, and who were duly performing official duties on behalf of the defendant.

However, the fact that the police officers paid two million won to the above police officers, the fact that the police officers did not punish the defendant, the depth of the crime is against the police officers, and the fact that the police officers did not have any criminal record is favorable.

In addition, in consideration of the motive and background of the crime, the circumstances after the crime, the age of the defendant, sexual conduct, environment, etc., and all the sentencing conditions indicated in the theory of changes, the sentence of the court below cannot be deemed to be unfair because the sentence of the court below is too uneasible.

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

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