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(영문) 수원지방법원 2016.06.30 2015노2148
공무집행방해
Text

The prosecutor's appeal is dismissed.

Reasons

1. The gist of the prosecutor’s appeal (unfair sentencing) is as follows: (a) the crime of this case committed by the Defendant was committed by assaulting the police officer who is performing official duties, such as blueing the chest of the police officer by taking a bath while performing public duties; (b) the Defendant was arrested as a current criminal; and (c) the Defendant had been unable to escape from the disturbance even at the police station after being arrested as an offender; (d) the Defendant denied the fact that he was under investigation by the investigative agency and was unable to memory under the influence of alcohol; and (e) did not seem to have an attitude against the judgment at the time of the pronouncement of the lower judgment; and (e) in light of the fact that there is a strong punishment for the crime of interference with the performance of official duties in order to eliminate a light of public power which is fluent in society, the sentence of the lower court imposing a fine of KRW 3,00,00

2. In full view of the circumstances alleged in the grounds of appeal, such as the Defendant’s age, sexual conduct, environment, motive and circumstance of the crime, etc., the lower court’s punishment is too unfeasible and unreasonable, even if considering the circumstances alleged in the grounds of appeal, and thus, is not deemed unreasonable, since it is difficult for the lower court to have determined that the Defendant committed the instant crime in a contingent manner under the influence of alcohol, and the extent of the Defendant’s assault was relatively heavy. The Defendant did not have any record of criminal punishment in Korea, and the Defendant did not have any record of criminal punishment.

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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