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(영문) 수원지방법원 2017.09.14 2017노3101
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, there is no particular criminal punishment except for the Defendant’s punishment of a fine of one million won due to the Defendant’s recognition of the instant crime, the degree of assault committed against the victimized police officer, the violation of the Road Traffic Act in around 2008, etc. In addition, considering various sentencing conditions specified in the records and arguments of the instant case, such as the Defendant’s age, sexual behavior, environment, family relationship, motive, and circumstances after the commission of the instant crime, the lower court’s punishment cannot be deemed unfair because it is too uneasible. Thus, the Prosecutor’s assertion is without merit.

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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