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(영문) 수원지방법원 2017.06.22 2016노8944
공무집행방해
Text

The prosecutor's appeal is dismissed.

Reasons

1. The main point of the grounds for appeal is that the lower court’s punishment (2.5 million won in penalty) is too unhued and unreasonable.

2. In light of the circumstances of the instant case where: (a) the Defendant clearly perceived that he/she was an auxiliary police officer who has worn the judgment uniform and performed his/her duties; (b) however, considering that he/she used assault against him/her, his/her liability for the crime is not less severe; (c) he/she took a bath to a auxiliary police officer who wishes to return home under the influence of alcohol; and (d) in light of the circumstances of the instant case where he/she used assault, he/she did not

However, in full view of various sentencing conditions in the records of this case, such as the defendant's age, sex, family environment, circumstances after the crime, etc., the prosecutor's assertion is without merit, on the grounds that the court below's punishment is too unreasonable and unfair, in light of the following facts: (a) the defendant recognized his/her criminal act; (b) the degree of assault was relatively excessive; (c) the defendant was punished in the Republic of Korea; and (d) the defendant was not

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. It is so decided as per Disposition.

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