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(영문) 수원지방법원 2016.09.29 2016노2110
공무집행방해등
Text

The prosecutor's appeal is dismissed.

Reasons

The summary of the grounds for appeal by the prosecutor (unfair in sentencing) is that the crime of this case is committed by the prosecutor, in light of the following facts: (a) while the defendant assaulted her husband while taking a bath against the police officer who was subject to restraint by the police officer; (b) obstructing the police officer's arms and the performance of official duties; and (c) causing bodily injury at the same time; (d) the degree of tangible force used by the police officer is not less than that of the police officer; (b) the defendant did not have an attitude to seriously reflect her mistake; and (c) the defendant did not endeavor to recover from damage; and (d) a strict punishment is necessary for obstructing the police officer's performance of official duties by the police officer in uniform, the sentence of the court below that sentenced 3,00,000 won is too unreasonable.

Judgment

In full view of the following facts: (a) the Defendant was aware of a mistake from the investigative agency; (b) the Defendant committed a crime of this case in contingency while being under the influence of alcohol, and the degree of assault and bodily injury inflicted upon the police officer while the Defendant was in a dispute with her husband; (c) there is no history of criminal punishment; and (d) the Defendant’s age, sexual conduct, environment, motive and circumstance of the crime; and (e) all the conditions of sentencing specified in the records and arguments of this case, including the circumstances after the crime, etc., the lower court’s punishment is too uneasible and unreasonable, and thus, the above assertion is without merit.

In conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the prosecutor's appeal is without merit. It is so decided as per Disposition.

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