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(영문) 수원지방법원 2018.10.12 2018노4228
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 (eight million won in penalty) is too unhued and unreasonable.

2. The crime of this case is an unfavorable circumstance to the Defendant, where the Defendant took a bath to a police officer performing legitimate duties and assaulted against him/her, and the Defendant committed the crime of this case during the period of imprisonment with prison labor.

On the other hand, the fact that the defendant recognizes his mistake and reflects it, the degree of violence used by the defendant is relatively heavy, and there is no power to be punished due to the obstruction of the performance of official duties.

Considering the above circumstances and other factors, comprehensively taking into account the sentencing conditions indicated in the records, such as the Defendant’s age, sex, environment, family relationship, motive for committing a crime, and circumstances before and after committing a crime, it is difficult to view that the lower court’s punishment is too uneasible and unfair

Therefore, the prosecutor's above 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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