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(영문) 수원지방법원 2016.08.26 2016노1249

공무집행방해

Text

The prosecutor's appeal is dismissed.

Reasons

1. The decision of the court below on the gist of the grounds of appeal (two years of suspended sentence in six months of imprisonment, two years of suspended sentence, and one hundred and twenty hours of community service order) is too unhued and unreasonable.

2. The judgment of the court below is acknowledged that the defendant committed the crime of this case in addition to the same crime, even though he had been punished several times for the crime related to violence, and the crime of this case was committed without the drinking value, assaulting the police officer dispatched without the drinking value or 112, and the nature of the crime is very poor, and the obstruction of the execution of official duties is a crime detrimental to the State's function by nullifying legitimate exercise of public authority, and thus requires strict punishment. However, the defendant confessions the crime of this case and reflects his mistake. The defendant has no history of punishment; the defendant has no history of punishment; the defendant has no history of punishment; the defendant's age, sex, intelligence and environment, motive, means, method, method, and consequence of the crime of this case; the defendant's age, sex, intelligence and environment, the circumstances before and after the crime, and criminal records, etc.; thus, the prosecutor's allegation that the above unfair sentencing of the court below is not accepted.

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.