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(영문) 수원지방법원 2016.11.30 2016노2629
공무집행방해등
Text

The prosecutor's appeal is dismissed.

Reasons

1. The decision of the court below on the gist of the grounds of appeal (five million won of a fine) is too unhued and unreasonable.

2. The Defendant, under the influence of alcohol, interfered with the packaging and horse sales of the victim, assaults the victim, and interfered with the performance of official duties by assaulting the police officer performing legitimate duties, and thus, the nature of the crime is not weak.

However, the victim stated that the police did not punish the defendant, and the defendant also stated to the effect that the police erred in drinking alcohol and sent it to the police.

A defendant has no other criminal record except for a minor fine.

In addition, comprehensively taking into account all other circumstances such as the Defendant’s age, character and conduct, environment, family relationship, motive and circumstance of the crime, and circumstances after the crime, the lower court’s punishment is too uneasible and unreasonable.

Therefore, 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 as it is without merit. It is so decided as per Disposition.

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