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(영문) 수원지방법원 2016.05.13 2015노7352
공무집행방해
Text

The prosecutor's appeal is dismissed.

Reasons

1. The main point of the grounds for appeal is that the lower court’s punishment (3 million won in penalty) is too unhued and unreasonable.

2. The crime of obstructing the performance of official duties is deemed to have been subject to strict punishment as an offense prejudicial to the State’s function by nullifying a legitimate exercise of public authority. However, in full view of the following circumstances: (a) although it is recognized that there is no particular criminal history except for the Defendant who led to the confession of the instant crime and reflects his/her mistake in depth; (b) the Defendant has been subject to a fine once due to a violation of the Road Traffic Act (unlicensed Driving) prior to about 15 years ago; and (c) the Defendant’s age, sex behavior, intelligence and environment, motive, background, means, method, method, and consequence of the crime; and (d) other circumstances that are the conditions for sentencing such as the Defendant’s age, sex behavior, intelligence and environment, motive, method, and consequence

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 appeal is without merit. It is so decided as per Disposition.

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