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(영문) 수원지방법원 2017.01.13 2016노4940
공무집행방해등
Text

The prosecutor's appeal is dismissed.

Reasons

1. The main point of the grounds for appeal is that the lower court’s punishment (12 million won in penalty) is too unhued and unreasonable.

2. The fact that a person commits the instant crime is committed five times before the judgment, and that he/she again commits the instant crime during the period of suspension of the execution of imprisonment with prison labor following his/her previous convictions.

However, it is advantageous to the fact that the crime is against the law, and that one million won has been deposited for two police officers who interfered with the performance of official duties.

In addition, in consideration of the motive and background of the crime, the circumstances after the crime, the age of the defendant, sexual conduct, environment, etc., and all the sentencing conditions indicated in the theory of changes, the sentence of the court below cannot be deemed to be unfair because the sentence of the court below is too uneasible.

3. The appeal by the prosecutor of the 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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