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(영문) 수원지방법원 2015.08.21 2015노1982
공무집행방해
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal that the court below sentenced the defendant to the penalty (three million won of a fine) is too unhued and unfair.

2. The crime of obstruction of the performance of official duties is not such a crime in light of the fact that the Defendant committed the crime of obstruction of the performance of official duties and committed the crime of obstruction of the performance of official duties, and that it was difficult for the Defendant to keep the crime of obstruction of the performance of official duties against the police box.

However, considering the following circumstances: (a) the Defendant did not have any criminal record for the same offense; (b) the Defendant did not have any criminal record for the same offense; (c) the Defendant led to the confession of and reflects the depth in the instant crime; (d) 50,000 won was deposited by the lower court for a victimized police official; and (e) the motive and circumstances leading up to the instant crime; (b) the circumstances after the instant crime was committed; (c) the Defendant’s age, character and conduct, environment, etc.; and (d) the sentencing conditions specified in the instant records and arguments, the sentence imposed by the lower

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

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