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(영문) 수원지방법원 2016.11.04 2016노5315

공무집행방해

Text

The prosecutor's appeal is dismissed.

Reasons

1. The gist of the grounds for appeal is that the lower court’s punishment (five million won of a fine) is too unhued and unreasonable.

2. The method of crime is inadequate, such as walking a trial expense to the criminal suspect without any particular reason, walking a police officer who was dispatched after receiving a report.

However, considering the fact that the defendant recognized the crime and reflects the fact that there is no criminal record of obstruction of performance of official duties, and other various sentencing conditions, such as the defendant's age, character and conduct, power, motive for the crime, method of crime, circumstances after the crime, etc., the sentence of the court below cannot be deemed to be too uneasible

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