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(영문) 수원지방법원 2016.09.28 2016노809
공무집행방해등
Text

The prosecutor's appeal is dismissed.

Reasons

1. The sentence of the lower court (six months of imprisonment, two years of suspended execution, and 120 hours of community service order) on the gist of the grounds of appeal is too unfasible and unreasonable.

2. In order to establish the legal order of the market state and eradicate the light of the public authority, it is necessary to strictly punish crimes that interfere with the performance of official duties.

Defendant has been punished five times or more for a crime committed by violence.

The defendant was subject to a disposition of suspension of indictment for the same crime of fraud.

However, the defendant recognizes and reflects the crime.

There is no criminal records of the defendant beyond the same criminal records and fines.

In addition, in full view of all other circumstances that serve as the conditions for sentencing, such as the Defendant’s age, sex, environment, family relationship, motive and method of committing the crime, and circumstances after committing the crime, the lower court’s sentence is too uneasible and thus it cannot be deemed unfair. Therefore, the prosecutor’s assertion is without merit.

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

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