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(영문) 수원지방법원 2015.05.14 2014노5341
업무방해
Text

The prosecutor's appeal is dismissed.

Reasons

1. The gist of the prosecutor’s appeal is that the Defendant was sentenced to two years of imprisonment with prison labor for the crime of obstruction of performance of official duties for the following reasons: (a) committed the instant crime during the period of suspension of execution after having been sentenced to two years of imprisonment with prison labor for the crime of obstruction of performance of official duties; (b) committed the instant crime during the period of suspension of execution; (c) made several records of punishment for violent crimes; and (d) demanded strict exercise of penal authority to bring about violent culture that is booming the entire society

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 lower court already expressed that the victim had suffered damage to the victim; and (d) the Dong expressed his intent that he does not want to punish the Defendant; and (c) other various matters prescribed in Article 51 of the Criminal Act, which are conditions for sentencing, such as the motive and background of the instant crime; (b) circumstances before and after the instant crime; (c) the degree of damage; and (d) the character and conduct of the Defendant as indicated in the instant records and arguments, are considered, taking into account all the circumstances alleged in the grounds for appeal, the lower court

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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