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(영문) 수원지방법원 2017.02.03 2016노5385
공무집행방해
Text

All appeals filed by the prosecutor against the Defendants are dismissed.

Reasons

1. The summary of the grounds for appeal is unreasonable because each of the punishments (Defendant A: a fine of 4 million won, Defendant B: a fine of 2 million won) declared by the court below to the Defendants is too uneased.

2. The crime of obstructing the performance of official duties is a crime that undermines the function of the State by nullifying the legitimate exercise of public authority, and thus, requires severe punishment for establishing national legal order and eradicating the light of the public authority. However, even though it is recognized that the Defendants recognized the instant crime, the Defendants seem to have caused the instant crime in contingency under the influence of alcohol, and there is no particular criminal history except for the Defendants who received a fine of one million won due to the crime of violating the Road Traffic Act (dacting) around 2008. Defendant B is the primary offender; Defendant B is the primary offender; Defendant B is the balance of general punishment with the same and similar incidents; and all the sentencing conditions specified in the records and arguments of the instant case, such as the age, sex, environment, motive and background of the crime, means and method of the crime; and the circumstances after the crime, etc., it is not recognized that each sentence imposed by the lower court is unfair because it is too uneasible.

3. In conclusion, the prosecutor's appeal against the defendants is without merit, and all of the appeals are dismissed in accordance with Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.

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