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(영문) 수원지방법원 2017.04.19 2016노7171
공무집행방해
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal is unreasonable because the sentence (3 million won in penalty) imposed by the court below on the defendant is too unfasible.

2. The Defendant’s crime of this case is an unfavorable circumstance, such as the fact that the Defendant exercised physical power on a police officer who performed official duties, and the nature of the crime is inferior, and that there is no need to punish the Defendant with strict punishment in a view to ensuring the warning against the light of public power.

However, under the influence of alcohol, the defendant seems to have committed the crime of this case in a contingent manner, and the defendant shows an attitude to mislead and reflect his mistake, and the defendant has no particular criminal record other than the judgment of one suspended sentence once a crime of this case. In addition, considering the circumstances of the crime of this case, circumstances after the crime of this case, circumstances after the crime of this case, the age of the defendant, sexual conduct, environment and other various sentencing conditions as shown in the argument of this case, the punishment of the court below against the defendant is too

It does not seem that it does not appear.

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 prosecutor's appeal is without merit. It is so decided as per Disposition.

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