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(영문) 수원지방법원 2017.10.27 2017노2034
공무집행방해
Text

The prosecutor's appeal is dismissed.

Reasons

1. The main point of the grounds for appeal is that the lower court’s punishment (3 million won in penalty) is too unhued and unreasonable.

2. The crime of this case, which was committed by the Defendant after receiving a report 112, was committed by assaulting the part on the part of the police officer called up to the floor by hand, and the nature of the crime is not weak, and the Defendant has already been punished seven times due to interference with the execution of official duties and violence crimes, so there is a high possibility of criticism, and there is also a need for strict punishment against the Defendant.

However, in light of the fact that the Defendant recognized the instant crime and divided his mistake, and that the Defendant was punished as above for more than 10 years has passed since all of the above punishment was imposed, and other various circumstances, such as the Defendant’s age, sex, environment, motive, means and consequence of the crime, etc., which are conditions for sentencing as indicated in the record, such as the circumstances after the crime, do not seem to be unfair because the sentence of the lower court is too uneasible and unfair.

3. According to the conclusion, the prosecutor’s appeal is dismissed in accordance with Article 364(4) of the Criminal Procedure Act, and it is so decided as per Disposition.

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