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(영문) 수원지방법원 2014.09.04 2013노3767
공무집행방해
Text

The prosecutor's appeal is dismissed.

Reasons

The summary of the grounds for appeal (unfair punishment) of the lower court's sentencing (2 million won of a fine) is too unhued and unfair.

However, each of the crimes of this case on board is that the defendant, a taxi engineer, and a police officer, who takes a bath, and the defendant who gets off from a taxi, takes a bath to the police officer, and walking the D's left side bridge on two occasions, thereby obstructing the police officer's performance of official duties by walking the D's external patrol duty. After that, the police officer, who takes a bath to E, takes a walk to E two times and walking back home, walking the direction of the police box on two occasions, and interfered with the police officer's performance of duties, such as sending the door of the police box at ten times, without any particular reason. In light of the fact that the defendant takes a bath to the police officer on two occasions, and interferes with the performance of official duties by using violence, the nature of the crime is not good.

However, considering the fact that the degree of obstruction of performance of official duties due to each of the instant crimes is not serious, that the Defendant appears to have committed a contingent crime while under the influence of alcohol, that there is no criminal record for the same kind of crime, that there is no error, that there is a mistake, and all other circumstances that form the conditions for the sentencing specified in the instant case, the sentencing of the lower court cannot be deemed unfair because it is too uneasible

Therefore, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.

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