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(영문) 수원지방법원 2018.04.20 2017노8727
공무집행방해
Text

The prosecutor's appeal is dismissed.

Reasons

1. The main point of the grounds for appeal is as follows: (a) the lower court’s sentence (one million won in 3 million won in penalty) is too unhued and unreasonable.

2. In order to establish the legal order of the judgment state and eradicate the light of the public authority, there is a need to strictly punish the crime of interference with the performance of official duties, and the fact that the defendant, who had been in dispute with the taxi driver and the taxi rate, gives a bath again to the police officer called out after receiving a report, and put him/her on drinking is disadvantageous to the defendant.

The fact that the defendant is a primary offender, the degree of violence is relatively minor, and the defendant commits the crime of this case in a state of interest in alcohol, which is favorable to the defendant.

The lower court rendered a suspended sentence of KRW 3 million, taking into account the circumstances unfavorable to the Defendant, favorable to the Defendant, etc.

In full view of the factors and sentences of the sentencing in this Court, the sentencing of the court below exceeded the reasonable bounds of its discretion, when determining the sentencing.

There is no circumstance that it is deemed unfair to maintain the judgment of the court below as it is or that the judgment of the court below is unfair.

In addition, even if the circumstances and results of the instant crime were to be comprehensively considered, the sentence of the lower court is appropriate, and it is not deemed unfair because it is too unfasible.

Therefore, prosecutor's assertion is without merit.

3. The appeal by the prosecutor of the conclusion is without merit and is dismissed in accordance with Article 364(4) of the Criminal Procedure Act.

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