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(영문) 수원지방법원 2017.05.15 2016노8355
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 Defendant’s crime of this case is an unfavorable circumstance, such as the fact that the Defendant exercised physical power on a police officer who performed official duties, and the nature of the crime is inferior, and that there is no need to punish the Defendant with strict punishment in a view to ensuring the warning against the light of public power.

However, under the influence of alcohol, the defendant seems to have committed the crime of this case in a contingent manner, and the defendant shows an attitude to mislead and reflect his mistake. The defendant did not have any criminal record other than a fine imposed once a crime, and the police officers who have been interfered with the performance of official duties by the defendant wanting to take the defendant's wife against the defendant, and other factors such as the background of the crime of this case, circumstances after the crime of this case, the defendant's age, sexual behavior, environment, and other various sentencing conditions specified in the argument of this case are too uneasible and unfair.

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 prosecutor's appeal is without merit. It is so decided as per Disposition.

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