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(영문) 수원지방법원 2016.12.16 2016노4610
공무집행방해
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (three million won of a fine) by the lower court is deemed to be too unhued and unreasonable.

2. The fact that the police officers dispatched after the report of 119 was received, assaulted by the police officers to commit a crime, and that the above police officers were punished by the defendant is disadvantageous.

However, the fact that the above police officer deposited 50,000 won for the above police officer, reflects the crime, there is no criminal record for the same kind of crime, and there is no criminal record exceeding the fine.

In addition, considering the motive and background of the crime, the circumstances after the crime, the age, character and conduct, environment, etc. of the defendant, and all the sentencing conditions as shown in the arguments, the sentence of the court below cannot be deemed as being too uneasible and unreasonable.

3. The prosecutor's appeal of 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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