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(영문) 수원지방법원 2017.05.26 2016노6987
공무집행방해등
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (unfair sentencing) of the lower court’s punishment (amounting to five million won) is too uneasy and unreasonable.

2. There is a need to strictly punish a person who interferes with the performance of judgment in order to establish public authority and protect legal order.

In particular, despite the fact that the defendant had been punished for the same crime, the fact that the defendant committed the second crime is disadvantageous to the defendant.

However, in full view of the circumstances favorable to the defendant, including the fact that the defendant has no particular criminal record other than the fine imposed once, and that the defendant was given treatment of alcohol addiction after the judgment of the court below and did not repeat the crime, and other factors such as the defendant's age, criminal record, relation, sex, occupation, environment, motive and circumstance of the crime, means and method of the crime, and the circumstances after the crime, etc., the punishment of the court below is too uneasible and it does not seem unfair.

Therefore, prosecutor's assertion is not accepted.

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.

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