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(영문) 수원지방법원 2018.02.22 2017노7310
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 (2.5 million won in penalty) is too unhued and unreasonable.

2. It is recognized that the instant case is a matter of assaulting a police officer who wears his uniform and performs official duties, and that there is a need to strictize such a crime with an aim to establish a national legal order and eradicate the light of public authority.

However, in full view of all the sentencing conditions indicated in the records of this case, including the Defendant’s age, sexual conduct, environment, motive and background of the crime, and circumstances after the crime, the Defendant appears to have committed the crime of this case, and the degree of assault accompanied by the crime of this case was relatively heavy, and the Defendant was punished once in 2010, and the Defendant did not have any particular criminal record, and other all of the sentencing conditions indicated in the records of this case, it is deemed that the lower court’s punishment is too uneasible 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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