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(영문) 수원지방법원 2016.12.09 2016노4336
공무집행방해
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (three million won of a fine) by the lower court is deemed to be too unhued and unreasonable.

2. In light of the fact that the face of the police officer called out after receiving a report on 119, the nature of the crime is not less severe than that of the police officer, and that the police officer is punished by the defendant, etc., it is unfavorable.

However, the fact that the police officer deposited 500,000 won for the police officer, the fact that the police officer's intent to punish him seems to have been accumulated to a certain extent (Evidence 4), and there is no criminal record, are favorable circumstances.

In addition, considering the motive and background of the crime, the circumstances after the crime, the age, character and conduct, environment, etc. of the defendant, and all the sentencing conditions as shown in the arguments, the sentence of the court below cannot be deemed as being too uneasible and unreasonable.

3. The prosecutor's appeal of conclusion is without merit, and it is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.

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