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(영문) 수원지방법원 2016.05.27 2016노1033
공무집행방해
Text

The prosecutor's appeal is dismissed.

Reasons

1. The sentence (1,00,000 won) pronounced by the lower court on the gist of the grounds of appeal is too unfased and unreasonable.

2. Determination interference with the performance of official duties is an offense that has undermined the legitimate exercise of public authority and has to be punished strictly as an offense detrimental to the function of the State.

However, considering various sentencing conditions, such as Defendant’s age, sex, environment, motive, means and consequence of the crime, degree of damage, and circumstances after the crime, it cannot be said that the sentence imposed by the lower court is too unfeasible and unfair.

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

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