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(영문) 수원지방법원 2017.06.22 2016노7225
공무집행방해
Text

The prosecutor's appeal is dismissed.

Reasons

1. In light of the prosecutor’s grounds of appeal (unfair sentencing) and the fact that a serious punishment is needed for a police officer who has been in uniform with respect to a crime that interferes with the performance of official duties, the lower court’s sentence imposing a fine of KRW 3,00,000 is too uneasible and unreasonable.

2. In full view of the circumstances alleged in the grounds of appeal, such as the fact that the Defendant recognized the mistake and reflects, the fact that there was no history of criminal punishment for the same kind of crime, the fact that the Defendant committed the instant crime by contingency under the influence of alcohol, and the circumstances of all the sentencing as shown in the records and arguments of this case, such as the Defendant’s age, sex, sex, environment, motive and background of the crime, degree of damage, and circumstances after the crime, the lower court’s punishment is too unjustifiable and thus, it is not deemed unfair, and thus, the above assertion

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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