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(영문) 수원지방법원 2016.05.26 2015노6706
특수공무집행방해
Text

The prosecutor's appeal is dismissed.

Reasons

1. The sentence imposed by the court below (one hundred months of imprisonment and two years of suspended execution) is too unhued and unfair.

2. The crime of this case is an unfavorable circumstance to the defendant, where it threatens a police officer using a brick, which is a dangerous object of the defendant, and the nature of the crime is not good, where it is necessary to impose severe punishment on the crime of interference with the performance of official duties, such as this case, in order to resolve the clibing of a legitimate public authority, and to establish a legal order. The defendant has a record of criminal punishment several times, including one sentence, due to violent crimes.

However, in light of the favorable circumstances such as the Defendant’s age, sexual behavior, environment, family relationship, etc., it is difficult to deem the sentencing of the lower court is too unaffortuous and unfair, considering the following factors: (a) the Defendant appears to have committed the instant crime; (b) the instant crime was an contingent and dynamic crime that occurred while the Defendant was bread with another person under the influence of alcohol; (c) the police officer did not cause physical damage; and (d) so far, the Defendant has no record of criminal punishment as a crime interfering with the performance of official duties; and (b) the Defendant’s age, sexual behavior, environment, family relationship

3. In conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the appeal is without merit. It is so decided as per Disposition.

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