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(영문) 수원지방법원 2017.07.06 2017노587
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 (three million won in penalty) is too unhued and unreasonable.

2. Although the judgment defendant clearly perceived that he/she was a police officer performing his/her duties in the form of wearing a uniform, the crime is considerably poor in view of the fact that he/she took a bath and assaulted against him/her.

Even after being arrested as a flagrant offender, it is also recognized that police officers have expressed desire to do so.

However, in full view of the following facts: (a) the Defendant recognized his mistake as a whole; (b) the record of domestic punishment is not confirmed; (c) the degree of assault is not much serious; and (d) other various sentencing conditions specified in the records of this case, such as the Defendant’s age, sex, family environment, motive and circumstance of the crime; and (b) the Prosecutor’s assertion is groundless since the lower court’s punishment is too unfasible and 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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