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(영문) 의정부지방법원 2017.07.06 2017노1004
특수공무집행방해
Text

The prosecutor's appeal is dismissed.

Reasons

1. The main point of the grounds for appeal is that the sentence (five million won in penalty) imposed by the court below on the defendant is too unhued and unfair.

2. The crime of this case is recognized in light of the following: (a) dangerous articles and interfered with the exercise of public authority; (b) the Defendant has a criminal record of the same kind once punished by a fine; and (c) the Defendant has a criminal record of the same kind seven times different from that of a fine.

However, the defendant did not display dangerous things, and the time when the defendant directly intimidations public officials is not relatively long.

The Defendant, immediately before committing the instant crime, appears to have reported the face of the wife’s self-harm and had been in a extreme progress, and considered the circumstances of the instant case.

The accused has a family member (the mother, wife, and child) to be supported by him.

Defendant reflects his wrongness.

In full view of the above circumstances and other circumstances, the Defendant’s age, sex, environment, family relationship, motive and background of the crime, means and consequence of the crime, and the circumstances after the crime, etc., the lower court’s punishment cannot be deemed to be too unfeasible and unfair.

Therefore, 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.

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