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(영문) 수원지방법원 2017.05.11 2016노6564
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 (3 million won in penalty) is too unhued and unreasonable.

2. Each of the instant crimes committed by the Defendant, in response to the intent of the former wife against the victim of the crime of intrusion upon residence, intrudes on the apartment corridor to enter the said residence, broken the window of the side house by leaving the gate without opening the door, and by exercising assault against the police officer called out, the crime is not likely to be committed in light of the progress of the crime.

However, in light of the following facts: (a) the Defendant recognized each of the instant offenses; (b) stated that he was in the former wife to see she; (c) there exist grounds to be considered in the motive for the commission of the offense; (d) agreed with the former wife; and (e) the former wife sought the Defendant’s wife; and (e) the Defendant paid KRW 200,000,000,000,000,000,000,000,000 won, which was paid to the victim of the crime of damage to property when the Defendant was in the trial; (c) the Defendant’s history of criminal punishment is not verified; and (d) other conditions of sentencing specified in the instant records and arguments, such as the Defendant’s age, sex, environment, family relationship, motive, and circumstances after the crime

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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