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(영문) 수원지방법원 2016.05.20 2016노1386
공무집행방해등
Text

All appeals filed by the prosecutor against the Defendants are dismissed.

Reasons

1. The sentence (Defendant A: fine of 1,500,000 won, Defendant B: the suspended sentence) declared by the court below on the gist of the grounds of appeal is too unfasible.

2. Determination interference with the performance of official duties is an unfavorable circumstance to the Defendants, such as the fact that the exercise of legitimate public authority ought to be severely punished as a crime detrimental to the function of the State.

However, the Defendants were the first offender without previous conviction, and police officers E expressed their intent not to punish the Defendants at an investigative agency. Police Officers F expressed their intent not to punish Defendant A, and taking into account the Defendants’ age, sex, environment, motive, means and consequence of the crime, degree of damage, circumstances after the crime, etc., the sentence imposed by the lower court is too uneasible and unfair.

3. In conclusion, since the prosecutor's appeal against the defendants is without merit, all of them are dismissed in accordance with Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.

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