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(영문) 수원지방법원 2017.09.29 2017노2248
공무집행방해
Text

The prosecutor's appeal is dismissed.

Reasons

1. The reasoning of the appeal is that the lower court’s punishment (three million won in penalty) is too unfluent and unreasonable.

2. In full view of all the sentencing conditions, such as the Defendant’s age, sex behavior, motive, frequency of the crime, method of the crime, circumstance after the crime, etc., the lower court’s punishment is too uneasy and unreasonable, in light of the following circumstances: (a) the Defendant exercised violence against police officers; (b) the nature and degree of the crime is not good in light of the nature of the crime; and (c) the need for strict punishment against the crime interfering with the performance of official duties in order to establish a legal order; and (d) the Defendant’s age, sex behavior, motive, frequency of the crime, method of the crime; and (b)

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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