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(영문) 수원지방법원 2015.11.04 2015노1242
공무집행방해
Text

The prosecutor's appeal is dismissed.

Reasons

1. The decision of the court below on the gist of the grounds for appeal (three million won of a fine) is too unhued and unreasonable.

2. The crime of this case is deemed to be a crime that interferes with the execution of official duties by assaulting a police officer dispatched by the defendant upon receipt of 112 report, and the nature of the crime is not good, and such crime of obstruction of performance of official duties is an offense that undermines the function of the State by obstructing the legitimate exercise of public authority, and thus, requires strict punishment. However, the defendant's liability is not less complicated, but the defendant leads to the confession of the crime of this case and misunderstanding in depth, the degree of the assault and obstruction of official duties of this case is not relatively excessive, and there is no record of punishment exceeding fines, and there is no record of punishment exceeding fines, and all the sentencing conditions of this case, including the defendant's age, character and behavior, intelligence and environment, motive and circumstance of the crime of this case, circumstances after the crime, etc., and thus, the prosecutor's assertion is without merit.

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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