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(영문) 수원지방법원 2017.05.25 2016노7607
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, taking into account the following circumstances: (a) the Defendant recognized the instant crime; (b) the degree of assault committed by the Defendant against the victimized police officer; (c) there is no record of criminal punishment exceeding the fine; and (d) the Defendant’s age, sexual conduct, environment, family relationship, motive, and circumstances after the commission of the instant crime; and (b) the lower court’s punishment is too unjustifiable and unreasonable, and 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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