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(영문) 수원지방법원 2018.11.23 2018노5929
공무집행방해
Text

The prosecutor's appeal is dismissed.

Reasons

1. The main point of the grounds for appeal is that the lower court’s punishment (four months of imprisonment) is too unhued and unreasonable.

2. The lower court sentenced the Defendant to four months of imprisonment, taking into account the circumstances unfavorable to the Defendant and favorable to the Defendant.

In full view of the facts that are the conditions for sentencing in this Court, in particular, the fact that the defendant reflects his own crime, that the degree of interference with the performance of official duties is not much serious, that the defendant does not repeat the crime again with drinking habits, and that the judgment of the court below exceeded the reasonable limit of its discretion, in light of the fact that the judgment of the court below exceeded the reasonable limit of its discretion.

There is no circumstance that it is deemed unfair to maintain the judgment of the court below as it is or that the judgment of the court below is unfair.

In addition, even if the circumstances and results of the instant crime were to be comprehensively considered, the sentence of the lower court is appropriate, and it is not deemed unfair because it is too unfasible.

3. The appeal by the prosecutor of the conclusion is without merit and is dismissed in accordance with Article 364(4) of the Criminal Procedure Act.

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