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(영문) 수원지방법원 2016.10.14 2016노2498
공무집행방해
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal that the court below sentenced the defendant to the penalty (three million won of a fine) is too unhued and unfair.

2. Since the crime of obstruction of the performance of official duties is a crime that undermines the function of the State by nullifying a legitimate exercise of public authority, it is recognized that a severe punishment is required to establish the national legal order and eradicate a light of public authority, but the defendant recognizes and reflects the instant crime; the defendant has caused the instant crime by contingency under the influence of alcohol; the defendant has no record of exceeding the same or fine; the defendant has no record of criminal records or fines; the defendant has a balance with the general sentencing of the same or similar incidents; the defendant’s age, character and behavior, environment, motive and background of the crime, means and method of the crime; and all of the sentencing conditions in the records and arguments of the instant case, such as the circumstances after the crime, are deemed unfair.

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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