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(영문) 수원지방법원 2016.08.12 2016노2510
공무집행방해
Text

The prosecutor's appeal is dismissed.

Reasons

1. The sentence of the lower court (the imprisonment of eight months, the suspension of the execution of two years, the observation of protection, and the community service order of 80 hours) on the summary of the grounds of appeal is too uneasy and unreasonable.

2. The judgment of the Defendant is an unfavorable circumstance to the Defendant, such as the fact that the Defendant has been sentenced to a fine four times due to interference with the performance of official duties, and that the obstruction of the performance of official duties ought to be severely punished as a crime detrimental to the State’s function by nullifying

However, there is no record of having been sentenced to punishment exceeding the fine for the same criminal record, and considering the Defendant’s age, sex, environment, motive, means and consequence of the crime, degree of damage, circumstances after the crime, etc., the sentence imposed by the lower court is too uneasy and unreasonable.

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

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