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(영문) 수원지방법원 2017.05.25 2016노7158
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 (two million won in penalty) is too unhued and unreasonable.

2. The act of causing harm to police officers in the process of performing duties, such as the instant crime, is likely to undermine public authority’s trust, and thus requires strict punishment in order to eradicate the clibity of public authority.

However, even though the defendant recognized the crime of this case and violated the law, it was sentenced to a fine or a suspended sentence of execution several times including violent crimes, there was no record of criminal punishment for a considerable period of time after being sentenced to a fine for the crime of this case as a crime of driving alcohol around 2002, considering the defendant's age, sexual conduct, environment, family relationship, motive, motive, and circumstances after the crime, the court below's punishment cannot be deemed to be unfair because it is too uneasible to the defendant's punishment, and 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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