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(영문) 수원지방법원 2019.07.25 2019노2024
공무집행방해
Text

The prosecutor's appeal is dismissed.

Reasons

1. The gist of the grounds for appeal is that the lower court’s punishment (two million won of a fine) is too unhued and unreasonable.

2. The crime of this case is deemed to interfere with legitimate performance of official duties by harming a police officer dispatched after receiving a report of assault by the Defendant, and the liability for such crime cannot be deemed to be less severe, and the crime of obstruction of performance of official duties that disregards public authority and obstructs criminal justice procedures requires strict punishment. However, this is deemed to have already been considered in the sentencing of the lower court.

In addition, considering the following circumstances: (a) the Defendant did not directly compromise the body of the police officer; (b) the Defendant led to the instant crime; (c) the Defendant committed the instant crime against himself/herself; and (d) the Defendant did not have any record of punishment in the Republic of Korea; and (c) the equity of sentencing with similar and similar incidents; and (d) the Defendant’s age, character and conduct, environment, motive and circumstance of the instant crime; and (e) various conditions of sentencing as shown in the argument of the instant case, including the circumstances after the commission of the crime, the lower court

Therefore, the prosecutor's above assertion is not accepted.

3. In conclusion, the prosecutor's appeal 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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