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(영문) 수원지방법원 2015.11.17 2014노6720
공무집행방해등
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the prosecutor's appeal grounds (e.g., the crime of this case) obstructs the business of the above restaurant for about 40 minutes by the defendant entering a restaurant operated by the victim C without any particular reason, such as taking the victim and the customers in the above restaurant, etc., and the crime of spiting the F of the police officer F who was dispatched upon receiving a report is very poor that the defendant obstructed the performance of his duties once because he spits the face of the police officer F in hand, and obstructed the performance of duties once. In particular, in light of the fact that the act of obstructing the performance of official duties by the police officer in uniform requires a strict punishment in order to enhance the public confidence of the nation's public authority, the sentence of the court below imposing a fine of KRW 3 million is unreasonable.

2. In light of the facts alleged in the grounds of appeal, the lower court’s sentence is not deemed to be unreasonable, considering all the following: (a) the Defendant’s mistake is against the Defendant; (b) the victim C and police officers expressed their intent not to have the Defendant punished; (c) the Defendant did not have any history of criminal punishment; (d) the motive and background of each of the instant crimes; (b) the circumstances before and after the instant crime; (c) the degree of damage; and (d) other various matters stipulated in Article 51 of the Criminal Act, which are conditions for sentencing, such as the Defendant’s character and conduct, and the environment, etc. as indicated in the instant records and arguments. Therefore, the aforementioned assertion is without merit.

3. The prosecutor's appeal of conclusion 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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