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(영문) 수원지방법원 2017.12.21 2017노3349
공무집행방해
Text

The prosecutor's appeal is dismissed.

Reasons

1. In light of the fact that the crime of obstructing the performance of official duties by a police officer in uniform requires strict punishment in order to establish the prosecutor’s grounds of appeal’s law and order and eradicate the light of the public authority, it is unfair that the lower court’s sentence sentencing KRW 3,00,000 is too uneasible.

2. In full view of the facts alleged in the grounds of appeal, the lower court’s punishment is too unfasible and unreasonable, and there is no record of punishment imposed upon the Defendant for the same kind of crime or a fine exceeding the fine, and all of the conditions of sentencing specified in the records and arguments, including the Defendant’s age, sexual conduct, environment, motive and circumstance of the crime, degree of damage, and circumstances after the crime. In so doing, even if considering the circumstances alleged in the grounds of appeal, the above assertion is without merit.

3. The appeal by the prosecutor of the conclusion 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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