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(영문) 수원지방법원 2015.05.20 2014노5374
공무집행방해
Text

The prosecutor's appeal is dismissed.

Reasons

1. The decision of the court below on the gist of the grounds for appeal (three million won of a fine) is too unhued and unreasonable.

2. The Defendant’s crime of this case committed by assaulting a police officer to interfere with a police officer’s legitimate execution of his duties. The nature of the crime is not good in light of the circumstances, methods, and contents, etc., and the crime of obstruction of performance of official duties needs to be strictly punished as a crime detrimental to the State’s function by obstructing the exercise of legitimate public authority.

However, in full view of all the circumstances, including the Defendant’s age, character and conduct, environment, family relationship, motive, means and consequence of the crime, etc., that the sentence of the lower court is too unfeasible and unreasonable, and thus, the Prosecutor’s assertion is without merit.

3. Therefore, 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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