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(영문) 수원지방법원 2013.12.12 2013노3275

공무집행방해등

Text

The prosecutor's appeal is dismissed.

Reasons

1. The main point of the grounds for appeal is that the sentence of the lower court (two years of imprisonment for a period of ten-month probation, two years of probation, and two hundred hours of community service order) is too unhued and unreasonable;

2. However, although the defendant committed the crime of obstruction of performance of official duties over two occasions (one time of suspension of execution of sentence and one fine), there are more records of the crime, other than that, the defendant recognized his mistake and reflects it, the defendant's previous convictions are relatively old, and the crime of this case committed by the defendant was committed within a one-hour police box without complying with the police officer's request for returning to the police station or failing to return to the police officer's return to the police station for a large amount of sound, and the attitude of the act does not seem to be serious, taking into account all the circumstances that form and content of the crime of this case, the background and content of the crime of this case, the defendant's age, character and conduct, family relationship, environment, occupation, etc., the sentence of the judgment of the court below that sentenced the probation and social service, which is too unjustifiable, cannot be deemed unfair.

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