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(영문) 수원지방법원 2017.07.27 2017노2470
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 (3 million won in penalty) is too unhued and unreasonable.

2. The act of causing harm to a police officer on duty, such as the instant crime, is an act that causes damage to the trust of public authority, and thus requires strict punishment for eradicating public authority, and the fact that there was a record of having been punished as an act of violence, etc. that is disadvantageous to the Defendant.

However, it is important to recognize and reflect the crime of this case and the extent of assault inflicted on the damaged police officers.

In addition, considering the Defendant’s age, sexual conduct, environment, family relationship, motive, and circumstances after the commission of the crime, the lower court’s punishment cannot be deemed unfair because the Defendant’s punishment is too uneasible, and thus, the 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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