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(영문) 수원지방법원 2017.11.02 2017노4536
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, given the fact that the Defendant recognized the instant crime, the degree of assault committed against the police officer, the fact that there is no particular criminal punishment except for the punishment of a fine due to a violation of the Traffic Act (drinking) on the road in 2014, and the fact that there is no other criminal punishment other than the Defendant’s age, sex, environment, family relationship, motive for the crime and circumstances after the crime, etc., the lower court’s punishment cannot be deemed to be unfair because it is too uneasible and unfair, and the prosecutor’s assertion is without merit.

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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