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(영문) 수원지방법원 2017.04.12 2016노6682
공무집행방해등
Text

The prosecutor's appeal is dismissed.

Reasons

1. The main point of the grounds for appeal is that the lower court’s punishment (4 million won in penalty) is too unhued and unreasonable.

2. The instant crime was committed by a police officer who obstructed the performance of official duties and inflicted an injury on the police officer, and thus, the nature of the crime is not good, and there is a need for strict punishment of the Defendant in a manner that creates a warning against the danger of light of public authority.

However, under the influence of alcohol, the defendant seems to have committed the crime of this case in a contingent manner, and shows the attitude of causing and reflecting his mistake, the degree of injury suffered by the victim is not much severe, the defendant has no specific criminal history in addition to a fine once, and other circumstances after the crime, the defendant's age, sexual behavior, environment, and all other sentencing conditions specified in the argument of this case are too weak if considering the circumstances after the crime, the defendant's age, sexual behavior, environment, and all other sentencing conditions specified in the argument of this case.

It does not seem that it does not appear.

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 prosecutor's appeal is without merit. It is so decided as per Disposition.

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