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(영문) 수원지방법원 2017.04.28 2016노6916
공무집행방해
Text

All appeals filed by the prosecutor against the Defendants are dismissed.

Reasons

1. The summary of the grounds for appeal (unfair sentencing) that the court below sentenced the Defendants (the sentence of a fine of two million won, a fine of one million won, and a fine of one million won) is too uneasible and unreasonable.

2. Although interference with the performance of official duties needs to be strictly punished for the establishment of public authority and the protection of legal order, the punishment imposed by the court below is too unreasonable in light of all the sentencing conditions shown in the pleadings, including the following: (a) the Defendants’ circumstance leading up to the instant crime, as stated in the court below, may be somewhat considered; (b) the victimized police officers resisting the Defendants; (c) the Defendants’ appeal against the Defendants’ mistake; and (d) the Defendants were the primary offender; and (e) the Defendants’ age, sexual behavior, environment, motive, means, means, and consequence of the commission of the crime; and (e) the punishment imposed by the Defendants cannot be deemed to be unfair.

Therefore, prosecutor's assertion is not accepted.

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

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