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(영문) 수원지방법원 2015.06.11 2015노158
공무집행방해
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the prosecutor’s grounds for appeal (e.g., in a case where the Defendant was sentenced to imprisonment for six months as a result of the obstruction of performance of official duties in the Suwon District Court’s Gyeyang Branch on July 20, 2010 and was sentenced to one year as a result of the suspension of performance of official duties, and was sentenced to imprisonment for six months as a result of the suspension of execution, two years as a result of the suspension of execution, and 80 hours as well as several records of punishment for the same criminal act.

2. In light of all the circumstances alleged in the grounds of appeal, the lower court’s punishment is deemed unreasonable even if considering all the following factors, which are the conditions for sentencing, such as the motive and circumstance of each of the instant crimes, the circumstances before and after the instant crimes, and the character and conduct of the Defendant, and the environment, etc., of the Criminal Act, the fact that the Defendant commits each of the instant crimes by drinking alcohol, drinking alcohol, and contingently, and the degree of assault is not excessive, and the degree of assault is not excessive. In so doing, the foregoing argument is without merit.

3. The prosecutor’s appeal of conclusion is dismissed in accordance with Article 364(4) of the Criminal Procedure Act on the grounds that there is no ground for appeal by the prosecutor.

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