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(영문) 수원지방법원 2016.09.21 2016노2112
공무집행방해
Text

All appeals by the defendant and the prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The sentence of the lower court (an amount of KRW 3 million) is too unreasonable.

B. The Prosecutor’s sentence is too unhued and unreasonable.

2. The Defendant assaulted a police officer who performs legitimate duties to interfere with the performance of official duties, which is a light of public authority, and thus requires punishment accordingly.

On the other hand, the defendant reflects on the crime.

There are no criminal records of the same kind and no criminal records exceeding fines.

In addition, comprehensively taking into account the Defendant’s age, sex, environment, family relationship, motive and circumstance of the crime, and circumstances that constitute the conditions for sentencing, the sentence of the lower court is too heavy or unbrupt and is unreasonable.

Therefore, the defendant and the prosecutor's assertion are without merit.

3. In conclusion, the appeal by the defendant and the prosecutor is dismissed in accordance with Article 364(4) of the Criminal Procedure Act on the grounds that the appeal by the defendant and the prosecutor is without merit. It is so decided as per Disposition.

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