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(영문) 수원지방법원 2015.07.14 2015노1093
공무집행방해
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the prosecutor’s appeal grounds (e.g., the Defendant’s act of obstructing the performance of official duties by assaulting the police officer who called out after having received a report on the disturbance from a taxi while under the influence of alcohol, such as saluting the flab by saling the fat, walking the salle, walking the salke, etc. in his hand, and thus obstructing the performance of official duties. In light of the above, the Defendant’s punishment for obstructing the performance of official duties by assaulting the police officer in his hand is necessary to enhance the public’s confidence in the national public authority, and thus, the lower court’s sentence imposing a fine of KRW 4 million is deemed unreasonable.

2. In light of the following: (a) the Defendant’s mistake is against the judgment; (b) the Defendant committed the instant crime by drinking alcohol and contingently; (c) the Defendant has no record of criminal punishment for the same kind of crime; and (d) other various factors, including the motive and background of the instant crime; (b) the circumstances before and after the instant crime; (c) the degree of damage; and (d) the Defendant’s character and conduct and environment as indicated in the instant records and arguments, etc., taking into account all the circumstances alleged in the grounds for appeal, the lower court’s punishment is deemed unreasonable merely because it is too unreasonable, and therefore, there is no reason

3. The prosecutor’s appeal of conclusion is dismissed in accordance with Article 364(4) of the Criminal Procedure Act on the grounds that there is no ground for appeal by the prosecutor.

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