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(영문) 수원지방법원 2017.04.20 2016노4844
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 police officers in the process of performing duties, such as the instant crime, is likely to undermine public authority’s trust, and thus requires strict punishment in order to eradicate the clibity of public authority.

However, considering the following factors: (a) the Defendant recognized the instant crime; (b) the Defendant made efforts to recover damage by depositing KRW 1 million for the victimized police officers; (c) there is no record of criminal punishment; and (d) the Defendant’s age, sexual conduct, environment, family relationship, motive, and circumstances after the commission of the instant crime; and (b) all the sentencing conditions specified in the records and arguments, such as the Defendant’s age, sexual behavior, environment, family relationship, motive, and circumstances after the commission of the instant crime, the lower court’

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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