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(영문) 수원지방법원 2019.03.28 2018노7033
공무집행방해등
Text

The prosecutor's appeal is dismissed.

Reasons

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

2. The crime of this case is acknowledged as having been committed by the Defendant upon receiving the report of 112, and thus obstructing the performance of legitimate official duties, obstructing the victims from performing their official duties, and assaulting the victims without any particular reason, and the liability for the crime cannot be deemed to be somewhat less, and the crime of obstructing the performance of official duties that disregards the public authority and obstructs criminal justice procedures requires strict punishment. However, this is deemed to have already been considered in the sentencing of the lower court.

In addition, considering the following circumstances: (a) the Defendant led to the instant crime; (b) the Defendant’s confession of the instant crime; (c) has no criminal records against his/her mistake; and (d) the degree of assault is not serious; and (c) the equity in sentencing with similar and similar cases; and (d) the Defendant’s age, character and conduct, environment, motive and circumstance of the instant crime; and (e) other various sentencing conditions as indicated in the instant pleadings, including the circumstances after the instant crime, it is not recognized that the lower court’

Therefore, the prosecutor's above assertion is not accepted.

3. In conclusion, the prosecutor's appeal is without merit, and it is dismissed under Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.

[However, in accordance with Article 25(1) of the Rules on Criminal Procedure, Article 25(1) of the Criminal Procedure, the phrase “relevant Article 7 lines” under the second sentence of the judgment of the court below shall be deemed to read as “the pertinent Article of the Act and the choice of punishment,” and the phrase “Article 136(1) of the Criminal Act and Article 260(1) of the Criminal Act (the choice of imprisonment with prison labor),” which reads “Article 136(1) of the Criminal Act (the point of obstructing performance of duties), Article 260(1) of the Criminal Act (the point of violence), each

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