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(영문) 수원지방법원 2014.11.27 2014노3928

공무집행방해등

Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (the defendant A shall be sentenced to one year of imprisonment, two years of suspended sentence, two years of social service, 240 hours of fine in case of the defendant B) is too uneased and unreasonable.

2. In order to establish the legal order of the judgment state and eradicate the light of the public authority, the crime of obstruction of the performance of official duties requires strict punishment. The crime of obstruction of the performance of official duties of this case is serious since the degree of assault is serious, and Defendant A has been punished several times due to the violation of the Music Industry Promotion Act, etc. However, the defendants confession and reflect the crime of this case, the defendants are not injured by the police officers due to the crime of obstruction of the performance of official duties of this case, the defendants have not been punished for more than one month in this case, and Defendant A has no record of being punished for more than one month in this case, and Defendant B has no record of criminal punishment in Korea, Defendant B has no record of criminal punishment, Defendant B has a normal marital life in Korea, and other various circumstances that are conditions for sentencing such as the age-oriented environment of the defendants. Thus, the prosecutor's assertion is not accepted.

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.