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(영문) 수원지방법원 2017.05.11 2016노6171
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 all of the sentencing conditions specified in the records and arguments of this case, such as the fact that the defendant recognized the crime of this case and reflects the fact that there is no history of criminal punishment, that the mother of the defendant wants to guide the defendant while promising to guide the defendant, and that the defendant wants to take account of the defendant's age, sex, environment, family relationship, motive for the crime, circumstances after the crime, etc., the court below's punishment cannot be deemed to be unfair because it is too uneasible, and thus, the prosecutor'

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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