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(영문) 수원지방법원 2015.04.23 2014노5175
공무집행방해
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the prosecutor’s appeal grounds (e.g., the instant crime is unreasonable in light of the following: (a) the Defendant’s attempt to commit the instant crime to a police officer dispatched upon receiving a report by the Defendant and thus obstructing the performance of official duties by assaulting the police officer; and (b) the police officer’s act of obstructing the performance of official duties to a police officer in uniform requires strict punishment to enhance the public’s trust in the nation’s public authority; and (c) the lower court’s sentence suspending the sentence of

2. In light of all the circumstances alleged in the grounds of appeal, the court below’s sentence is not deemed to be unreasonable because it is too unjustifiable, considering the following factors, which are the conditions for sentencing, such as the motive and background of the instant crime, the circumstances before and after the instant crime, and the character and conduct of the Defendant, and the environment, etc., as stated in Article 51 of the Criminal Act, in light of the fact that the Defendant commits the instant crime by drinking alcohol, drinking alcohol, and contingency, the degree of assault is relatively minor, the Defendant is a basic living recipient, and there is no record of criminal punishment. The above assertion is without merit.

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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