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(영문) 수원지방법원 2015.05.21 2014노6915
공무집행방해등
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the prosecutor’s appeal grounds (e.g., the Defendant’s act of obstructing the performance of official duties against the police officer in uniform, in light of the following: (a) the Defendant intrudes upon his residence by avoiding disturbance, such as following the Defendant’s frightening the victim’s house and noise in the ward; (b) the Defendant’s face of the police officer G sent out upon receiving a report, is recognized as obstructing the performance of official duties by walking his/her fingers and leg; and (c) the nature of the crime is extremely poor; and (d) in particular, the Defendant’s act of obstructing the performance of official duties against the police officer in uniform requires strict punishment to enhance the public’s confidence in the national public authority. Therefore, the lower court’s sentence imposing a fine of KRW 4 million is too

2. In light of all the circumstances alleged in the grounds of appeal, the lower court’s sentence is not deemed to be unfair even if it is considered that the Defendant’s mistake is against the Defendant, and the Defendant would be deemed to have committed each of the crimes in this case on a contingent basis, with no history of criminal punishment, and considering the motive and background of each of the crimes in this case, the circumstances before and after the commission of the crime, the degree of damage, and other various matters stipulated in Article 51 of the Criminal Act, which are the conditions for sentencing, such as the character and conduct of the Defendant and the environment as shown in the records and arguments in this case. Thus, 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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