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(영문) 수원지방법원 2017.11.03 2017노2934
공무집행방해
Text

The prosecutor's appeal is dismissed.

Reasons

1. The reasoning of the appeal is that the lower court’s punishment (4 million won in penalty) is too unfluent and unreasonable.

2. In full view of all kinds of sentencing conditions, such as the Defendant’s age, sex behavior, motive, frequency of the crime, method of the crime, circumstance after the crime, etc., the lower court’s punishment is too uneasy and unreasonable, in light of the following circumstances: (a) the confession of the crime; (b) the degree of the exercise of tangible power is not serious; (c) the police officers dispatched upon receiving a report to interfere with their performance of their duties by assaulting the police officers dispatched after receiving a report; and (d) the need for strict punishment in the event of a crime obstructing the performance of official duties in order to establish the 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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