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(영문) 수원지방법원 2016.10.14 2016노4207

공무집행방해

Text

The prosecutor's appeal is dismissed.

Reasons

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

2. The crime of obstruction of the performance of official duties is an unfavorable circumstance where the crime of obstruction of the performance of official duties ought to be strictly punished as a crime detrimental to the function of the State.

However, considering the Defendant’s age, character and conduct, environment, motive, means and consequence of a crime, degree of damage, circumstances after a crime, etc., the sentence imposed by the lower court is too uneasible and unreasonable.

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.