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(영문) 수원지방법원 2016.11.04 2016노3197
공무집행방해
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal that the court below sentenced the defendant to the penalty (three million won of a fine) is too unhued and unfair.

2. The crime of obstruction of the performance of official duties is a crime that undermines the function of the State by nullifying the legitimate exercise of public authority, and thus, requires strict punishment to establish national legal order and eradicate the light of public authority, and the defendant has been punished for damage to public goods, etc., but it is recognized that the defendant recognized the crime of this case and reflects the fact that the defendant committed the crime of this case, the extent of violence committed by the defendant is relatively minor, and the defendant seems to have caused the crime of this case by drinking, and the defendant appears to have caused the crime of this case by contingency. In full view of the following circumstances, the court below’s punishment is too unjustifiable and unreasonable, considering the balance with the ordinary sentencing with the cases of the same or similar kind of crime, and other conditions of all the sentencing as shown in the records and arguments of this case, including the defendant’s age, character and behavior, environment

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

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