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(영문) 수원지방법원 2020.12.24 2020노5690
공무집행방해
Text

The prosecutor's appeal is dismissed.

Reasons

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

2. The judgment of this case is recognized that the crime of this case was committed by the defendant after receiving a report from the defendant 112 of the main businessism that "the defendant was assaulted by the defendant," and the crime was committed by the police officer called out, and the nature of the crime is not good. The crime of obstruction of performance of official duties should be punished strictly in that it may promote the law and order and the light of public authority, and that the defendant has a criminal record of criminal punishment several times for violent crimes.

However, in full view of the following facts: (a) the Defendant recognized the instant crime; (b) the Defendant reflects his mistake; (c) the degree of the tangible force the Defendant exercised; and (d) the Defendant did not have any criminal record exceeding the fine; and (c) the Defendant’s age, career, character and conduct, environment, motive and background of the instant crime, means and consequence; and (d) the sentencing of similar cases, which are the same as the sentencing conditions indicated in the instant records and pleadings, such as the circumstances after the crime, cannot be deemed as being too unreasonable.

Therefore, the prosecutor's above assertion is without merit.

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

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