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(영문) 수원지방법원 2016.11.11 2016노5190

공무집행방해

Text

The prosecutor's appeal is dismissed.

Reasons

1. The gist of the grounds for appeal is that the lower court’s punishment (five million won of a fine) is too unhued and unreasonable.

2. The fact that the crime of obstruction of performance of official duties is an offense that undermines the legitimate exercise of public authority and thus causes severe punishment to be committed against the Defendant.

However, considering the following factors: (a) the Defendant did not have the previous sentence; (b) deposited money for the victimized police officers at the original trial; (c) recognized and reflected the instant crime; and (d) other various sentencing conditions, such as the Defendant’s age, character and conduct, environment, motive, means and consequence of the crime; (b) degree of damage; and (c) circumstances after the crime, the sentence imposed by the lower court cannot be deemed as unfair

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.