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(영문) 수원지방법원 2014.12.30 2014노3377
공무집행방해
Text

The prosecutor's appeal is dismissed.

Reasons

1. The lower court’s penalty of KRW 4 million (a fine of KRW 4 million) against the Defendant in light of the gist of the grounds for appeal is deemed unreasonable.

2. In order to establish the legal order of the judgment state and eradicate the light of the public authority, the crime of obstruction of performance of official duties needs to be strictly punished, and the defendant has the record of being punished three times as a violent crime. However, while the defendant is divided into the above violent crime, the above violent crime has been committed five years, the defendant has no record of crime exceeding the fine, and other favorable conditions of punishment as shown in the records and arguments of this case, such as the defendant's age, character and conduct, environment, circumstances after the crime, etc., are taken into account, and all other favorable conditions of punishment as stated in the records and arguments of this case, such as the defendant's age, character and conduct, circumstances after the crime.

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

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