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(영문) 수원지방법원 2019.10.10 2019노3197
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 deemed to obstruct the legitimate performance of official duties by assaulting and assaulting against police officers dispatched by the Defendant upon receiving a report of 112. The liability for such crime cannot be deemed to be minor; the crime of obstruction of performance of official duties that disregards public authority and obstructs criminal justice procedures requires strict punishment; and the Defendant has a history of criminal punishment twice a fine for violent crimes. However, this is deemed to have already been considered in the sentencing of the lower court.

In addition, in full view of the following circumstances: (a) the degree of assault used by the Defendant was not serious; (b) the Defendant led to the instant crime; (c) the Defendant reflects his mistake in depth; and (d) the Defendant did not have the same criminal record; and (c) the equity in sentencing with the same and similar incidents; and (d) the Defendant’s age, character and conduct, environment, motive and background of the offense; and (e) the motive and consequence of the offense; and (e) other various sentencing conditions indicated in the instant pleadings, such as the circumstances after the crime

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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