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(영문) 수원지방법원 2017.10.26 2016노4738
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 on duty, such as the instant crime, is in need of strict punishment in order to eradicate the light of public authority.

However, considering all the conditions of sentencing specified in the records and arguments of this case, such as the fact that the defendant recognized the crime of this case, the degree of assault committed by the defendant against the police officer, the fact that there is no record of criminal punishment, the fact that there is no record of criminal punishment, and other circumstances after the crime, such as the defendant's age, sex, environment, family relationship, motive, and circumstances after the crime, the court below's punishment cannot be deemed to be unfair because it is too unfasible and unfair.

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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