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(영문) 수원지방법원 2016.06.10 2015노6780

공무집행방해

Text

The prosecutor's appeal is dismissed.

Reasons

1. The main point of the grounds for appeal is that the lower court’s punishment (two million won in penalty) is too unhued and unreasonable.

2. The fact that a police officer dispatched to the site after receiving a report on 112 is not good enough to commit a crime, that a police officer obstructing the performance of official duties is punished by a defendant, and that a criminal record of a violent crime is three times more unfavorable.

However, the degree of interference with the execution of official duties is relatively easy, there is no criminal record of the same kind, there is no criminal record exceeding the fine, and it is advantageous to the crime of this case committed by contingently.

In addition, in consideration of the motive and background of the crime, the circumstances after the crime, the age of the defendant, sexual conduct, environment, etc., and all the sentencing conditions indicated in the theory of changes, the sentence of the court below cannot be deemed to be unfair because the sentence of the court below is too uneasible.

3. The appeal by the prosecutor of the 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.