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(영문) 수원지방법원 2018.02.08 2017노7088

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 (2.5 million won in penalty) is too unhued and unreasonable.

2. The crime of this case committed by the Defendant, upon receipt of the report of domestic violence, was committed by assaulting the police officer, booming him/her, etc., thereby obstructing the performance of his/her duties. As such, the crime obstructing the performance of official duties ought to be strictly punished in order to establish a national legal order and eradicate the light of public authority.

However, it is important that the defendant recognized the crime of this case and against it, and the extent of obstructing the use of the defendant and the execution of official duties is serious.

In light of the fact that it is difficult to see that the punishment of a fine is imposed on a double-class crime, and there is no other criminal history except for the punishment of a fine on one occasion, and other various sentencing conditions specified in the records and arguments of this case, such as the defendant's age, sex, environment, family relationship, motive for the crime and circumstances after the crime, the court below's punishment cannot be deemed to be unfair because it is too uneasible and unfair.

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.