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(영문) 수원지방법원 2016.08.12 2016노1257
특수공무집행방해
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (the imprisonment of six months, the suspension of execution of two years, the observation of protection, the community service work and confiscation) imposed by the court below is too unfasible and unreasonable.

2. The crime of this case is deemed to have been committed by threatening and assaulting fire officers, which are dangerous objects, and the method of the crime is dangerous, and the crime of abusing violence to public officials performing official duties causes interference with the establishment of legal order and the necessity of strict delegation of authority. However, in full view of the following: (a) the Defendant led to the confession of the crime of this case and reflects his mistake; (b) the Defendant has no record of committing the crime exceeding the fine; and (c) the Defendant’s age, sex behavior, environment, motive and background of the crime, means, method, and consequence; and (d) other circumstances that are conditions for sentencing, including the circumstances before and after the crime, it is not deemed unfair for the lower court to have imposed the sentence so far.

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

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