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(영문) 수원지방법원 2017.07.21 2017노1354
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. In order to establish the legal order of the judgment state and eradicate the light of the public authority, the fact that the crime of obstructing the performance of official duties, such as the instant case, requires strict punishment, is disadvantageous to the Defendant.

On the other hand, the following points are favorable to the defendant.

The Defendant is the first offender, and the Defendant is the confession of the facts charged in the instant case, and his mistake is divided.

The Defendant appears to have committed the instant crime by contingency while interesting.

In addition, comprehensively taking account of various sentencing conditions as shown in the records and arguments of this case, such as the age, sex, environment, relationship with the victim, etc. of the defendant, the sentence of the court below is not deemed unfair because it is too low.

Therefore, prosecutor's assertion is without merit.

3. The appeal by the prosecutor of the conclusion is without merit and is dismissed in accordance with Article 364(4) of the Criminal Procedure Act.

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