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(영문) 수원지방법원 2017.04.14 2016노6371
공무집행방해
Text

The prosecutor's appeal is dismissed.

Reasons

1. The appellate court’s sentence (six months of imprisonment, one year of suspended execution, and 80 hours of community service) is deemed to be too unhued and unreasonable.

2. Determination is that the Defendant has a record of criminal punishment for violent crimes, the establishment of the State’s legal order and the eradication of the state’s light of public authority, which requires strict punishment on the crime of obstructing the performance of official duties, the Defendant interferes with two police officers’ performance of official duties by assault, and the Defendant is disadvantageous to the Defendant.

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

The Defendant led to the confession of the facts charged in the instant case and divided his mistake.

Defendant has no record of punishment for the same kind of crime.

The degree of assault in the crime of interference with the performance of official duties against E and D is relatively weak.

The accused shall support the children who are not healthy.

In addition, comprehensively taking account of the Defendant’s age, sex, environment, relationship with the victim, etc., various sentencing conditions as shown in the instant records and arguments, the lower court’s punishment is too uneasible and unreasonable. Therefore, the 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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