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(영문) 수원지방법원 2016.10.21 2016노2878

공무집행방해등

Text

The prosecutor's appeal is dismissed.

Reasons

1. The main point of the grounds for appeal (two years of suspended sentence in August) of the lower court is too unhued and unreasonable.

2. Determination is a condition for sentencing unfavorable to the Defendant, such as: (a) the Defendant interfered with the victim C’s business without any particular reason; and (b) the Defendant took a bath or assault against a police officer dispatched after receiving a report; and (c) the nature of the offense is not less severe; and (d) the Defendant has a record of criminal punishment

However, in full view of the following circumstances: (a) the Defendant recognized the instant crime, and the Defendant appears to have been subject to hospital treatment for a long time due to alcohol addiction, etc.; (b) there was no record of punishment exceeding the fine prior to the instant crime; and (c) other circumstances that form the conditions for sentencing specified in the instant case, such as the Defendant’s age, character and conduct, environment, family relationship, and circumstances after the instant crime, the lower court’s punishment is deemed to be too unjustifiable and unreasonable.

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