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(영문) 수원지방법원 2013.09.26 2013노883
공무집행방해
Text

The prosecutor's appeal is dismissed.

Reasons

1. In light of the substance of the grounds for appeal in this case’s sentencing conditions, the lower court’s imprisonment (two years of imprisonment, two years of suspended execution, and probation) is deemed too uneasy and unreasonable.

2. In order to establish the legal order of the judgment state and eradicate the light of the public authority, the crimes of obstruction of performance of official duties need to be strictly punished.

However, in full view of all the sentencing conditions, including the Defendant’s age, character and conduct, health, environment, motive and circumstance of the crime, and circumstances after the crime, the lower court’s punishment is too uneasible and unreasonable, as it seems that the Defendant committed the instant crime in a state of mental disorder caused by alcohol dependence.

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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