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(영문) 수원지방법원 2016.10.20 2016노2859
공무집행방해
Text

The prosecutor's appeal is dismissed.

Reasons

1. In light of the prosecutor’s gist of the grounds of appeal (e.g., the nature of the instant crime, the serious issues, and the failure to recover from damage to the victimized police officer, etc., the lower court’s sentence imposing a fine of KRW 3,000,000 is too uneasible and unreasonable.

2. The judgment of the court below is against the defendant's wrong, and there is no record of criminal punishment except a fine of 500,000 won by the violation of the Punishment of Violences, etc. Act at Suwon District Court on December 19, 196. In light of the motive and background of the crime of this case, the circumstances before and after the crime of this case, the degree of damage, and other various matters stipulated in Article 51 of the Criminal Act, such as the records and arguments of this case, the character and conduct, environment, family relationship, etc. of the defendant, considering the circumstances asserted in the grounds for appeal, the court below's punishment is too unjustifiable and it is not judged to be unfair. Thus, the above assertion is without merit

3. The prosecutor's appeal of conclusion is without merit, and it is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.

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