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(영문) 수원지방법원 2017.02.02 2016노5677
공무집행방해
Text

The prosecutor's appeal is dismissed.

Reasons

In light of the purport of the prosecutor’s appeal reasons (unfair sentencing) of the crime of this case, it is unreasonable for the court below to impose a fine of KRW 3,00,000 on the ground that the Defendant’s punishment is too unafford, in light of the following: (a) the Defendant was asked the police officer questions about the situation of this case by having been dispatched after receiving a report from 112; (b) the nature of the crime of this case is not good to obstruct the performance of official duties by keeping the chest; and (c) the Defendant was in need of strict punishment for the crime of obstructing the performance of official

Judgment

In full view of the circumstances alleged in the grounds of appeal, including the Defendant’s age, sex, environment, motive and background of the crime, and circumstance after the crime, etc., the lower court’s punishment is too unjustifiable and thus it is not deemed unfair, even if considering the circumstances alleged in the grounds of appeal, and thus, the lower court’s punishment is too unjustifiable, and thus, is not deemed unfair, given that it is not deemed unfair, since it is too unreasonable, even if it is considered the circumstances alleged in the grounds of appeal, and the aforementioned assertion is without merit.

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

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