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(영문) 수원지방법원 2017.08.11 2017노798
폭력행위등처벌에관한법률위반(공동퇴거불응)등
Text

The prosecutor's appeal is dismissed.

Reasons

1. The reasoning of the appeal is that the sentence of the court below (the fine of two million won for defendant A, the fine of one million won for defendant B) is too uneased and unreasonable.

2. After the judgment, the defendants were subsequently led to the confession and reflect of all the crimes, the degree of exercise of tangible power is not severe, the defendant A did not have the record of punishment exceeding fines, the defendant B did not comply with the legitimate request for eviction by the government office and obstructed the performance of duties by the police officer dispatched thereto, and thus the nature of the crime is not less weak. In full view of all the sentencing conditions, such as the defendant's age, sex behavior, motive, motive, frequency of the crime, the number of crimes, the method of crime, and circumstances after the crime, etc., the court below's punishment cannot be deemed unfair because it is too unreasonable.

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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