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(영문) 수원지방법원 2017.09.01 2017노25
공무집행방해등
Text

The prosecutor's appeal is dismissed.

Reasons

1. The main point of the grounds for appeal is that the lower court’s punishment (five million won in penalty) is too unfluent and unreasonable.

2. The crime of this case on board is a fact that, under the influence of alcohol, the Defendant interfered with the restaurant business by smoking the disturbance at the restaurant, and assaulted the police officers by cutting the arms of the police officers dispatched after receiving a report 112, and avoided the disturbance on the earth, and the nature of the crime is not less complicated, but it is also true that the Defendant committed the crime of this case without being aware of it even though the Defendant was under the period of suspension of execution due to driving without a license or driving without permission, and thus, it is also necessary to punish the Defendant.

However, considering the fact that the Defendant recognized the instant crime and divided his mistake, that the Defendant was punished against the victim of the crime of interference with his duties, that there was no record of punishment against the Defendant as a violent crime against the public official, and other various circumstances that form the conditions for sentencing indicated in the record, such as the Defendant’s age, sex, environment, relationship with the victim, motive, means and consequence of the crime, etc., the sentence of the lower court is too uneasy and unreasonable.

3. According to the conclusion, the prosecutor’s appeal is dismissed in accordance with Article 364(4) of the Criminal Procedure Act, and it is so decided as per Disposition.

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