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(영문) 수원지방법원 2017.09.22 2017노1711
공무집행방해
Text

The prosecutor's appeal is dismissed.

Reasons

1. The reasoning of the appeal is that the lower court’s punishment (three million won in penalty) is too unfluent and unreasonable.

2. In full view of the Defendant’s age, sexual conduct, motive, frequency of the crime, method of committing the crime, circumstances after the crime, etc., the lower court’s punishment is too uneasible and unreasonable in light of the following circumstances: (a) the Defendant’s age, sexual conduct, motive of the crime, frequency of the crime, method of the crime, etc. in light of the fact that there is no record of criminal punishment; (b) assaulting a police officer performing his/her duties to commit the crime in the course of performing his/her duties; and (c) there is a need for strict punishment

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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