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(영문) 수원지방법원 2017.04.13 2016노5498
공무집행방해
Text

The prosecutor's appeal is dismissed.

Reasons

1. The judgment of the court below against the defendant as to the summary of the grounds for appeal is unreasonable.

2. If the judgment defendant clearly recognizes that he/she was a police officer performing his/her duties in the form of wearing a uniform, but considering that he/she assaulted against him/her, the nature of the crime is not good.

However, in full view of the following: (a) the Defendant recognized his mistake and reflects against himself; (b) there is no record of the same crime; (c) there is no record of criminal punishment after 2006; (d) the degree of assault is relatively minor; and (e) other various sentencing conditions specified in the arguments in the instant case, such as the background of the instant crime; (b) the circumstances after the commission of the crime; (c) the Defendant’s age; and (d) the Defendant’s sexual behavior; 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 the appeal is without merit. It is so decided as per Disposition.

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