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(영문) 수원지방법원 2017.02.03 2016노5351
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 (three million won in penalty) is too unhued and unreasonable.

2. In light of the fact that a police officer who was dispatched upon receiving a report of 112 and received the said report to commit the instant crime, the said police officer is subject to punishment for a defendant, a criminal record of a same kind of fine, and a criminal record again commits the instant crime before three years elapse from the completion of the execution of imprisonment with prison labor due to the previous criminal record, etc., it is disadvantageous.

However, the fact that the above police officers found the crime and sought a letter is against the depth of the crime is a favorable condition.

In addition, in consideration of the motive and background of the crime, the circumstances after the crime, the age of the defendant, sexual conduct, environment, etc., and all the sentencing conditions indicated in the theory of changes, the sentence of the court below cannot be deemed to be unfair because the sentence of the court below is too uneasible.

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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