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(영문) 수원지방법원 2017.05.12 2016노4177
공무집행방해등
Text

The prosecutor's appeal is dismissed.

Reasons

1. The reasoning of the appeal is that the lower court’s punishment (five million won in a penalty) is too unhued and unreasonable.

2. In full view of all the sentencing conditions, such as the Defendant’s age, sex behavior, motive, frequency of the crime, method of the crime, circumstances after the crime, etc., the lower court’s punishment is too uneasible and unreasonable, in light of the following circumstances: (a) the Defendant is led to the confession of the crime and is against the Defendant; (b) there is no record of punishment other than three times of fine; and (c) the degree of violence is not severe; (d) there is a record of being punished by a fine due to the obstruction of performance of official duties; (e) the police officer in the course of performing official duties is not sufficient to commit the crime by assaulting the police officer; and

3. In conclusion, the prosecutor’s appeal is dismissed in accordance with Article 364(4) of the Criminal Procedure Act on the grounds that it is without merit. It is so decided as per Disposition by the court below (Article 25(1) of the Criminal Procedure Act on the ground that the court below’s “the application of the Act and subordinate statutes” referred to as “the selection of a fine for interference with the performance of official duties, crime of violence, and crime of violence” refers to “the choice of fines for interference with the performance of official duties, crime of violence, and crime of violation of the Punishment of Minor Offenses Act”

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