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(영문) 수원지방법원 2016.07.15 2016노2349
특수공무집행방해등
Text

The prosecutor's appeal is dismissed.

Reasons

1. The lower court’s sentence (one year of imprisonment, two years of suspended execution, one hundred and twenty hours of community service order, confiscation) is deemed too uneasy and unreasonable.

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

However, considering various sentencing conditions, such as the Defendant’s 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 unfasible and unfair, in light of the following factors: (a) the Defendant was the first offender without criminal records; (b) the victim of the damage year expressed his/her intention not to punish in the investigative agency; and (c) the Defendant recognized and reflects the instant crime; and (d)

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

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