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(영문) 의정부지방법원 2017.11.02 2017노2502
공무집행방해
Text

The prosecutor's appeal is dismissed.

Reasons

1. The main point of the grounds for appeal is that the sentence (3 million won in penalty) imposed by the court below on the defendant is too unhued and unfair.

2. It is recognized that the crime of this case was committed by assaulting police officers who met the Defendant who sought to assault the Defendant, and the nature of the crime is not good.

However, the defendant makes a confession of crime and seriously reflects his mistake.

The degree of assault by the defendant is not much serious.

The Defendant appears to have committed the instant crime by interesting in a purely fashion in the process of giving a boomer who wraps with a criminal.

The accused has no criminal records of violence except for those who have been punished by a fine in 2002.

One of the damaged police officers, C wishes to take the Defendant’s seat.

In full view of the above circumstances and other circumstances, the Defendant’s age, sex, environment, family relationship, motive and background of the crime, means and consequence of the crime, and the circumstances after the crime, etc., the lower court’s punishment cannot be deemed to be too unfeasible and unfair.

Therefore, 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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