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(영문) 수원지방법원 2017.11.17 2017노1322
특수공무집행방해등
Text

The prosecutor's appeal is dismissed.

Reasons

1. The reasoning of the appeal is that the lower court’s punishment (ten months of imprisonment, two years of suspended execution, and fine of one hundred thousand won) is too uneased and unreasonable.

2. In full view of all the sentencing conditions, including the Defendant’s age, sex behavior, motive for and frequency of the crime, number of the crimes, circumstances after the crime, etc., the lower court’s punishment cannot be deemed unfair because it is too unreasonable, considering the following factors: (a) the confession of the crime; (b) the mental health is not good; (c) the detention was detained for a certain period of time; (d) the intimidation was obstructed by carrying dangerous articles with the employees of the community service center; and (e) the public official in charge of the act of the Defendant appears to have caused considerable threat; and (e) the public official in charge of the act of the Defendant appears to have caused considerable threat to the performance of official duties in order to establish public authority.

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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