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(영문) 수원지방법원 2018.07.11 2018노1634
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 (3 million won in penalty) is too unhued and unreasonable.

2. In light of the circumstances favorable to the defendant, including the fact that the crime of this case was committed by intimidation of a police officer who is performing legitimate duties, and the nature of the crime is not good, it is difficult to view that the sentence of the court below is too unreasonable, considering the overall circumstances favorable to the defendant, such as the defendant’s age, sexual behavior, environment, family relationship, motive for the crime, and circumstances after the crime, etc., and the fact that the defendant has no record of punishment or punishment exceeding the fine.

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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