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(영문) 수원지방법원 2015.11.04 2015노2296

공무집행방해등

Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (a fine of three million won) declared by the lower court is too unhued and unreasonable.

2. The instant crime committed by the Defendant, by force, interferes with the victim C’s maternity business for more than one hour, and obstructed the performance of official duties by assaulting a police official dispatched upon receiving a report, and the nature of the crime is not good. There is no evidence to acknowledge that the Defendant has made efforts to receive a letter from the victim C and police officials or to recover from damage.

However, the Defendant appears to have committed the instant crime in a drunken state, and immediately after the commission of the instant crime, the Defendant recognized the instant crime and divided his mistake.

In addition, the degree of the obstruction of the business of this case and the degree of assault of the obstruction of the performance of official duties is not much serious, and the defendant has no record of criminal punishment of suspension of qualification or heavier

In addition, comprehensively taking account of the following factors, such as the Defendant’s age, character and conduct, environment, details and contents of the offense, and circumstances after the offense, etc., the sentencing conditions specified in the instant records and pleadings do not seem to be unfair as the sentence imposed by the lower court is too uneasible

Therefore, the prosecutor's above assertion is without merit.

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.