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(영문) 수원지방법원 2015.04.23 2014노5699
공무집행방해
Text

The prosecutor's appeal is dismissed.

Reasons

1. In light of the gist of the prosecutor’s appeal grounds (e.g., the crime of this case against the police officer dispatched after receiving a report on the protective measure against the principal offender, and the fact that the crime of obstructing the performance of official duties against the police officer in uniform requires strict punishment for the crime of obstructing the performance of official duties by the national public authority, the sentence of the court below sentenced to 6 months of imprisonment and 1 year of suspended execution is too unreasonable.

2. The judgment of the court below is against the mistake of the defendant, and there is no record of criminal punishment except once a fine is imposed due to embezzlement. In light of the motive and background of the crime of this case, the circumstances before and after the crime of this case, the degree of damage, and other various matters stipulated in Article 51 of the Criminal Act, which are conditions for sentencing, such as the character and conduct and environment of the defendant as shown in the records and arguments of this case, the punishment of the court below is too unjustifiable, even considering all the circumstances alleged in the grounds for appeal. Thus, the above assertion

3. The prosecutor's appeal of 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.

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