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(영문) 수원지방법원 2014.12.15 2014노4241
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. In order to establish the legal order of the judgment state and eradicate the light of the public authority, the crime of obstruction of performance of official duties constitutes grounds for sentencing unfavorable to the defendant, including the fact that there is a need to strictly punish the defendant, the fact that the defendant has been punished for violence and drinking-related crimes several times, etc. However, the prosecutor's assertion is not acceptable since the court below's punishment is deemed to be appropriate in light of various circumstances, including the fact that the defendant led to the crime of this case in the course of demanding the police officer dispatched to the police officer who did not take emergency measures under the circumstance that the defendant was faced with his/her personal behavior, and that the degree of the assault of this case is not much serious.

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.

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