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(영문) 수원지방법원 2017.05.19 2016노7822
공무집행방해등
Text

The prosecutor's appeal is dismissed.

Reasons

1. The sentence (two million won in penalty) that the court below rendered by the court below on the gist of the grounds of appeal is too unhued and unreasonable.

2. Although interference with the performance of judgment on official duties needs to be strictly punished for the establishment of public authority and the protection of legal order, considering the following factors: (a) the Defendant’s wife complained of the victimized person of the attempted damage of property appeals against the Defendant; (b) the Defendant deposited KRW 1 million for the victimized police officer; (c) the Defendant recognized and reflected his fault; and (d) the primary offender is the Defendant’s age, sexual conduct, environment, motive, means and consequence of the crime; and (e) all the sentencing conditions indicated in the pleadings, such as the circumstances after the crime, etc., the sentence imposed by the lower court is too uneasible and unreasonable.

Therefore, prosecutor's assertion is not accepted.

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.

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