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(영문) 수원지방법원 2018.09.07 2018노3842
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. That the degree of assault by a police officer is minor;

It is an unfavorable circumstance that there is a need to strictly punish a crime that interferes with the performance of official duties in order to establish a state's legal order and eradicate the light of public authority.

On the other hand, the fact that the defendant is the first offender, the fact that the defendant is divided by mistake, and reflects it is advantageous.

In full view of the factors and sentences of the sentencing in this Court, the sentencing of the court below exceeded the reasonable bounds of its discretion, when determining the sentencing.

There is no circumstance that it is deemed unfair to maintain the judgment of the court below as it is or that the judgment of the court below is unfair.

In addition, even if the circumstances and results of the instant crime were to be considered after the instant crime, the Defendant’s age, sexual conduct, environment, etc., the sentence of the lower court is deemed to be adequate and too unreasonable.

3. The Defendant’s appeal is dismissed in accordance with Article 364(4) of the Criminal Procedure Act, on the grounds that the appeal is groundless.

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