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(영문) 수원지방법원 2017.11.16 2016노7690
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 (3 million won in penalty) is too unhued and unreasonable.

2. The act of causing harm to police officers in the process of performing duties, such as the instant crime, is likely to undermine public authority’s trust, and thus requires strict punishment in order to eradicate the clibity of public authority.

However, in light of the following circumstances: (a) the Defendant used the assault against a police officer dispatched by G when he was breathed, and there are some circumstances to consider the background of the crime; (b) the Defendant was punished twice due to the crime of drinking driving; and (c) there were no records of the crime or any records of punishment exceeding the fine; and (d) other factors of sentencing specified in the records and arguments, such as the Defendant’s age, sexual behavior, environment, family relationship, motive, and circumstances after the crime, etc., the lower court’s punishment cannot be deemed to be unfair because it is too unfeasible; and therefore,

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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