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(영문) 수원지방법원 2017.04.12 2016노5029
공무집행방해등
Text

The prosecutor's appeal is dismissed.

Reasons

1. The lower court’s sentence (the suspended sentence, the suspended sentence: fine of KRW 3 million) on the summary of the grounds for appeal is deemed to be too unhued and unreasonable.

2. In order to establish the legal order of the judgment state and eradicate the light of the public authority, the fact that there is a need to strictly punish a crime obstructing the performance of official duties is disadvantageous to the Defendant.

On the other hand, the following points are favorable to the defendant.

The Defendant is the first offender, and the Defendant is the confession of the facts charged in the instant case, and his mistake is divided.

The Defendant made compensation for damage to the victim C of the crime of damage to property and agreed with the victim.

The degree of assault in the crime of interference with the performance of official duties is relatively weak.

The defendant's stimulative disorder seems to have affected the occurrence of this case, and the defendant is trying to treat the case.

In addition, comprehensively taking account of the Defendant’s age, sex, environment, relationship with the victim, etc., various sentencing conditions as shown in the instant records and arguments, the lower court’s punishment is too uneasible and unreasonable. Therefore, the prosecutor’s assertion is without merit.

3. The appeal by the prosecutor of the conclusion is without merit and is dismissed in accordance with Article 364(4) of the Criminal Procedure Act.

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