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(영문) 수원지방법원 2016.09.07 2016노3081
공무집행방해
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal is unreasonable because the lower court’s punishment (three million won of a fine) is too unhued.

2. The judgment of the court below is not appropriate in light of the following circumstances: (a) the Defendant’s 112 report and received 112, and takes a breath’s breath and her bath, etc.; (b) the crime of obstruction of performance of official duties is deemed to be a crime detrimental to the State’s function by nullifying the legitimate exercise of public authority, and thus requires strict punishment; (c) the Defendant has no record of criminal punishment; (d) the Defendant led to the instant crime; (e) the Defendant’s confession of the instant crime and reflects his mistake; and (e) the Defendant’s entry into the military at a relatively low age; and (e) other circumstances, including the Defendant’s age, character, character, and environment, intelligence and environment, motive, means, method, method, and consequence of the crime; and (e) the circumstances before and after the crime; and (e) the prosecutor’s allegation

3. In conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the ground that it is without merit. It is so decided as per Disposition.

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