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(영문) 수원지방법원 2016.11.17 2016노3721

공무집행방해등

Text

The prosecutor's appeal is dismissed.

Reasons

1. In light of the gist of the prosecutor’s grounds of appeal (e.g., a significant and bad quality of the crime committed by the Defendants, and the need for strict countermeasures against the obstruction of performance of official duties, etc., the lower court’s punishment, which sentenced Defendant A to four months of imprisonment with prison labor, one year of suspended execution, etc., and two years of suspended execution to Defendant B for six months of imprisonment, is deemed unreasonable.

2. In light of the circumstances alleged in the grounds of appeal, the lower court’s punishment against the Defendants is too unjustifiable and unreasonable, in light of the following: (a) the Defendants violated the Defendants’ mistake; (b) there was no history of criminal punishment; (c) the extent of assault and insult committed by the Defendants; (d) the motive and background of the instant crime; (c) the circumstances before and after the instant crime; and (d) the Defendants’ character and conduct, environment, family relationship, etc., as well as other various matters prescribed in Article 51 of the Criminal Act. Therefore, the aforementioned assertion

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.