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(영문) 수원지방법원 2015.08.19 2015노217
공무집행방해등
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (the imprisonment for eight months, the suspension of execution for two years, community service hours and the fine of 500,000 won) imposed by the court below is deemed to be too uneasible and unfair.

2. The crime of this case was committed by the Defendant on charges of obstruction of performance of official duties, etc., and was charged with suspension of indictment, and was found as a police box with which the Defendant was able to find himself/herself as a police box under the influence of alcohol, and was able to avoid disturbance. The crime of this case was committed by assaulting the above police officer to inflict an injury necessary for medical treatment for three weeks, and by asking another police officer who commits the assault, thereby obstructing the performance of official duties, and the nature of the crime is very poor.

However, in full view of various circumstances, including the Defendant’s age, character and conduct, environment, details and contents of the crime, and circumstances after the crime, etc., the sentence imposed by the lower court is too unjustifiable, and thus, cannot be deemed unfair, in view of the following: (a) the Defendant, who has no record of criminal punishment, recognized the Defendant’s mistake and reflects it; (b) deposited the money for the victimized police officers; and (c) the Defendant has been treated for a long time due to depression, etc.; and (d) other

Therefore, the prosecutor's above assertion is without merit.

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

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