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(영문) 수원지방법원 2015.05.22 2015노238
공무집행방해등
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (two months of imprisonment, two years of suspended execution, and 80 hours of community service order) declared by the court below is too unhued and unreasonable.

2. The crime of obstruction of the performance of official duties is serious because the crime of obstruction of the performance of official duties is serious because the defendant's exercise of direct force against the police officer, and the nature of the crime is not good, and the degree of injury inflicted during the crime is not weak.

However, considering various sentencing conditions, such as Defendant’s age, character and conduct, environment, motive, means and consequence of the crime, etc., the sentence imposed by the court below is too uneasy and unreasonable, in light of the following: (a) the Defendant recognized the crime; (b) criminal punishment exceeding the fine or having no criminal record of the same kind; (c) the victim deposited a certain amount of money for a certain period of time; and (d) the Defendant’s age, character and behavior, environment, motive, means

3. In conclusion, the prosecutor's appeal is dismissed under Article 364 (4) of the Criminal Procedure Act on the ground that it is without merit.

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