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(영문) 수원지방법원 2019.05.02 2018노7653
공무집행방해
Text

The prosecutor's appeal is dismissed.

Reasons

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

2. The crime of this case is acknowledged as having been committed by the Defendant while drinking alcohol at a singing room and not paying the fee, and the police officers dispatched after being reported 112 expressed desire, and assaulted and interfered with legitimate performance of official duties by using breath, etc. of police officers, and the liability for such crime cannot be deemed to be light, and the crime of obstruction of performance of official duties, which disregards public authority and obstructs criminal justice procedures, needs to be strictly punished. However, the lower court’s sentencing seems to have already been considered.

In addition, in full view of the following circumstances: (a) the Defendant led to the instant crime; (b) the Defendant’s confession of the instant crime; (c) has no record of being punished in Korea; and (d) the degree of assault is not serious; and (c) the equity in sentencing with similar and similar cases; and (d) the Defendant’s age, character and conduct, environment, motive and circumstance of the instant crime; and (e) various sentencing conditions as shown in the instant pleadings, including the circumstances after the commission of the crime, it is not deemed unfair

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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