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(영문) 수원지방법원 2018.05.18 2017노8073
업무방해등
Text

The prosecutor's appeal is dismissed.

Reasons

1. The main point of the grounds for appeal is that the lower court’s punishment (3 million won in penalty) is too unhued and unreasonable.

2. The fact that the defendant did not reach an agreement with the victim, and that the crime of obstructing the performance of official duties requires strict punishment to eradicate the light of public authority, etc. is disadvantageous to the defendant.

On the other hand, the following facts are favorable to the defendant.

The Defendant committed the instant crime by contingency in a state of interest in alcohol.

It seems that Mauls and Mauls that the defendant suffered from ordinary leules had influenced the crime of this case.

There is no record of criminal punishment exceeding the fine.

In addition, even if the circumstances and results of the instant crime were to be considered after the instant crime, the Defendant’s age, sexual conduct, environment, etc., the sentence of the lower court is deemed to be adequate and too unjustifiable and unreasonable.

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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