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(영문) 수원지방법원 2017.10.12 2017노3823
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 (five million won in penalty) is too unhued and unreasonable.

2. Each of the instant crimes committed by the Defendant is very poor in light of the process of the crime, the degree of obstruction of duties, and the degree of assault, as it used the assault to police officers dispatched.

In addition, the defendant did not completely endeavor to recover damages or to agree with the victim.

However, the Defendant recognized each of the crimes of this case, and there is no record of punishment due to the same kind of crime or violence as the crimes of this case, in addition to the punishment of fines for drinking and driving without a license, and considering all the conditions of sentencing as shown in the records and arguments of this case, including the Defendant’s age, sex, environment, family relationship, motive, and circumstances after the crime, the lower court’s punishment cannot be deemed to be unfair because it is too unfeasible and unfair. Thus, the prosecutor’s assertion is without merit.

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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