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(영문) 수원지방법원 2016.09.02 2016노1914
공무집행방해
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (three million won of a fine) by the lower court is deemed to be too unhued and unreasonable.

2. It is a case of assaulting a police officer who was dispatched to the site after receiving a report on 112 of the judgment, and duly performed official duties, and thus, the nature of the crime is bad, and the police officer is punished by the defendant.

However, 3 million won is deposited for the police officer who has obstructed the performance of official duties, and it is against the depth of the crime, and the fact that there is no criminal record is favorable.

In addition, considering the motive and background of the crime, the circumstances after the crime, the age, character and conduct, environment, etc. of the defendant, and all the sentencing conditions as shown in the arguments, the sentence of the court below cannot be deemed as being too uneasible and unreasonable.

3. The prosecutor's appeal of 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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