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(영문) 수원지방법원 2014.11.20 2014노3562
공무집행방해
Text

The defendant and prosecutor's appeal are dismissed.

Reasons

1. The defendant asserts that the court below's punishment (two months of imprisonment, two years of suspended execution, two years of probation, and two hundred hours of social service) is too unreasonable, and the prosecutor is too unhued and unfair.

2. Although the crime of obstruction of performance of official duties needs to be strictly punished in order to establish the legal order of the judgment state and eradicate the light of the public authority, the court below’s punishment seems to be appropriate in full view of various circumstances, including the fact that the defendant is against the defendant, that the police officers expressed their intent not to have the defendant punished at the trial stage by compensating the police officers for damage, and that the police officers expressed their intent not to have the defendant punished at the trial stage.

3. In conclusion, the appeal by the defendant and the prosecutor is dismissed in accordance with Article 364(4) of the Criminal Procedure Act, since all of the appeal by the defendant and the prosecutor are without merit. It is so decided

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