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(영문) 수원지방법원 2017.09.20 2017노3663
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 (4 million won in penalty) is too unhued and unreasonable.

2. In order to establish the legal order of the judgment state and eradicate the light of the public authority, there is a need to strictly punish a crime that interferes with the performance of official duties, and in light of the fact that the instant crime was committed during the period of suspended execution, even though it was a long crime, it is necessary to strictly punish the Defendant.

However, in full view of the following: (a) the Defendant’s mistake is seriously against the Defendant; (b) there is no previous conviction; and (c) the circumstances following the instant crime; (d) the Defendant’s age, sexual conduct; and (e) various sentencing conditions indicated in the instant argument, such as the circumstances of the instant crime; (b) the Defendant’s age, sexual conduct; and (c) the Defendant’s argument

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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