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(영문) 수원지방법원 2016.07.21 2016노1042
업무방해등
Text

The prosecutor's appeal is dismissed.

Reasons

1. The gist of the prosecutor's appeal of this case is that the Defendant interfered with the principal's business under the influence of alcohol, and that the Defendant interfered with the police officer's performance of official duties, such as destroying the police officer's face, and walking the patrol car, and thereby damaging the police officer's face, and thus damaging the police officer's public goods, and that the crime of obstructing the performance of official duties was committed with the police officer as a crime concerning social legal interests and interests.

Even if it is necessary to recover the authority of the public authority by strictly punishing the public authority, the defendant is an act that the defendant has done with a contingency under the influence of alcohol, and the patrol did not have been damaged.

In light of the fact that the punishment of the court below, which sentenced 7 million won, is too uneasible and unreasonable in light of the fact that the vindication does not seriously reflect, etc.

2. In light of the motive and background of each of the of the crimes of this case, circumstances before and after the crime, degree of damage, and other various matters stipulated in Article 51 of the Criminal Act, such as the defendant's character, character, environment, family relationship, etc., the court below's punishment is too unfasible and unfair, even considering the circumstances asserted in the grounds of appeal, since the court below's punishment is too unfasible, and there is no history of criminal punishment, and the defendant committed the crime of this case in a contingent manner under the influence of alcohol, but the victim's owner and police officer discovered the victim's intention not to be punished.

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

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