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(영문) 수원지방법원 2016.10.20 2016노1943
공무집행방해
Text

The prosecutor's appeal is dismissed.

Reasons

The summary of the grounds for appeal by the prosecutor (unfair) is as follows: (a) the instant crime was committed by the Defendant at least seven times in total; (b) the Defendant reported 112 times in total; (c) the police officer sent to the site was fluored with his hand and her chest by her head, and thus obstructing the police officer’s performance of official duties; (d) the social phenomenon leading up to the failure of the public authority to ensure the safety of the people; and (e) the social phenomenon leading up to the failure to ensure the safety of the people; (e) the Defendant requires strict punishment for the crime of obstruction of performance of official duties; and (e) the Defendant has a tendency to disregard the public authority; and (e) there is a risk of repeating a crime. Therefore, the lower court’

Judgment

In full view of the circumstances alleged in the grounds of appeal, such as the Defendant’s age, character and behavior, environment, motive and background of the crime, and circumstances after the crime, etc., the lower court’s punishment is too unjustifiable and it is not deemed unreasonable, even if considering the circumstances alleged in the grounds of appeal, and thus, it is not determined that the lower court’s punishment is too unreasonable, since it is not deemed unreasonable. The above argument is without merit.

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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