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(영문) 수원지방법원 2018.03.16 2017노4339
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 fact that the Defendant was sentenced to a four-time fine, the establishment of a state’s legal order and the eradication of the light of public authority requires strict punishment on a crime interfering with the performance of official duties, and the fact that the instant crime was committed by the Defendant by walking a police officer in the course of performing official duties, and that the nature of the crime is not good, is disadvantageous to the Defendant.

On the other hand, the following points are favorable to the defendant.

The Defendant confessions the facts charged in the instant case and repents his mistake.

Defendant has no record of punishment for the same kind of crime.

The degree of assault in the crime of interference with the performance of official duties is relatively weak.

In addition, comprehensively taking account of various sentencing conditions indicated in the records of the instant case, such as the Defendant’s age, sex, environment, and relationship with the victim, the lower court’s punishment is too uneasible and unreasonable.

The prosecutor's assertion is without merit.

3. The appeal by the prosecutor of the conclusion is without merit and is dismissed in accordance with Article 364(4) of the Criminal Procedure Act.

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