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(영문) 수원지방법원 2016.10.13 2016노2653
공무집행방해
Text

The prosecutor's appeal is dismissed.

Reasons

The gist of the prosecutor’s appeal grounds (unfair) of the instant crime is that the Defendant’s punishment of fines of KRW 4,00,000 is too uneasible and unreasonable in light of the following: (a) the Defendant’s criminal act was committed against a police officer, who breadd the Defendant, who was under the influence of alcohol at a parking lot, and obstructed the performance of official duties by plucking and plucking the arms; (b) there is a need to strictly punish the Defendant in order to eradicate the public power and establish a legal order; and (c) there is a number of records of criminal punishment.

Judgment

In full view of the facts alleged in the grounds of appeal, the lower court’s punishment is too unjustifiable and unreasonable, even if considering the circumstances alleged in the grounds of appeal, given that the Defendant’s mistake is recognized, the degree of assault committed to the victimized police officer is relatively minor, the Defendant has no record of criminal punishment for the same kind of crime, and all the conditions of sentencing specified in the records and arguments, such as the Defendant’s age, character and conduct, environment, motive and circumstance of the crime, and circumstances after the crime. Therefore, the foregoing assertion is without merit.

In conclusion, the prosecutor's appeal is without merit, and it is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.

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