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(영문) 수원지방법원 2019.03.28 2018노7030
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. Although the crime of this case is deemed to have been committed by assaulting police officers dispatched by the Defendant upon receipt of 112 report to interfere with the legitimate performance of official duties, the liability cannot be deemed to be less severe, and the crime of obstruction of performance of official duties, neglecting public authority and obstructing criminal justice procedures, the crime of obstruction of performance of official duties, which is detrimental to criminal justice, is deemed to have been seriously punished, it appears to have

In addition, considering the following circumstances: (a) the Defendant led to the instant crime and reflects his mistake; (b) the degree of assault is not serious; and (c) there is no record of criminal punishment in the Republic of Korea; and (d) the equity of sentencing with similar and similar incidents; and (b) the Defendant’s age, character and behavior; (c) environment; (d) motive and circumstance of the instant crime; and (e) various sentencing conditions as shown in the pleadings of the instant case, including the circumstances after the commission of the crime, the lower court

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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