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(영문) 수원지방법원 2020.10.15 2020노3875
공무집행방해
Text

The prosecutor's appeal is dismissed.

Reasons

1. The gist of the grounds for appeal is that the lower court’s punishment (five million won of a fine) is too unhued and unreasonable.

2. The crime of this case was committed by the police officers dispatched by the defendant after receiving a report 112

It is recognized that the crime of obstruction of performance of official duties can promote a light of the legal order and public authority, so that the crime of obstruction of performance of official duties can be promoted, so that the above police officers may not move the patrol vehicle for about 20 minutes without responding to the Gu, and thus, the crime is significantly poor in its nature, the defendant's act is likely to cause considerable delay in the handling of the report by the police officer.

However, in full view of the following facts: (a) the Defendant did not recognize and appeal the instant crime; (b) the Defendant did not directly use the police officer’s body; (c) the Defendant did not have the same criminal record and did not have any other criminal record than twice a fine; and (d) the Defendant’s age, career, character and behavior, environment, motive and circumstance of the instant crime, means and consequence of the crime; and (c) the sentencing of similar cases as the various sentencing conditions specified in the records and pleadings, such as the circumstances after the crime, etc., it cannot be deemed that the Defendant’

Therefore, the prosecutor's above assertion is without merit.

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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