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(영문) 수원지방법원 2018.06.29 2018노772
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 (7 million won in penalty) is too unhued and unreasonable.

2. The crime of this case is not deemed to have been committed by the Defendant as assaulting a police officer who is performing legitimate duties, and the crime of this case is committed during the suspended execution period due to the crime of this type, etc., which is disadvantageous to the Defendant, but against the Defendant, such as the Defendant’s acknowledgement of his mistake, the fact that there was no record of punishment for the same kind of crime, and the fact that the Defendant deposited KRW 2 million for the victimized police officer in the first instance trial, and other factors of sentencing indicated in the record, such as the Defendant’s age, occupation, sex, environment, etc., it is difficult to view that the sentence of the lower court is too unjustifiable and unfair.

Therefore, the prosecutor's above 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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