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(영문) 수원지방법원 2018.01.12 2017노3824
공무집행방해등
Text

The prosecutor's appeal is dismissed.

Reasons

1. The reasoning of the appeal is that the lower court’s punishment (7 million won in penalty) is too unfluent and unreasonable.

2. In full view of the Defendant’s age, sex behavior, motive for a crime, frequency of a crime, method of a crime, and circumstances after a crime, etc., the lower court’s punishment cannot be deemed unfair because it is too unreasonable, considering the following circumstances: (a) the Defendant’s age, sexual behavior, motive for a crime, frequency of a crime, method of a crime, circumstance after a crime, etc., was committed, and the police officer called out upon receiving a report was committed under favorable conditions, and the nature of the crime was not negligible due to an injury to the company fee; (b) the victims did not reach an agreement; and (c) there was a need for strict punishment for a crime obstructing the performance of official duties in order to establish public authority.

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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