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(영문) 수원지방법원 2016.08.10 2016노1080
공무집행방해
Text

The prosecutor's appeal is dismissed.

Reasons

1. The sentence of the lower court (1.5 million won in penalty) on the gist of the grounds of appeal is deemed to be too unhutiled and unfair.

2. As the Defendant assaulted a police officer who performs his/her legitimate duties and interfered with the performance of his/her official duties, the liability for the crime is not less severe.

However, the defendant is against the crime, and there is no criminal punishment.

In addition, in full view of all other circumstances that form the conditions for sentencing, such as the Defendant’s age, sex, environment, family relationship, motive and circumstance of the crime, and circumstances after the crime, the lower court’s punishment is too uneasy and unreasonable.

Therefore, prosecutor's assertion is without merit.

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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