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(영문) 수원지방법원 2019.09.05 2019노14
특수공무집행방해등
Text

The prosecutor's appeal is dismissed.

Reasons

1. The gist of the grounds for appeal is that the lower court’s punishment (7 million won of a fine) is too unhued and unreasonable.

2. The crime of this case is deemed to have been under the influence of liquor by the Defendant, even though it is deemed to have already been considered in the sentencing of the lower court, in view of the following circumstances: (a) the Defendant, while under the influence of alcohol, destroyed the frighter’s fright, and damaged the frighter’s frighter; (b) obstructed legitimate performance of official duties by sprinking two police officers, who were in danger to the two police officers in receipt of a report; (c) the nature of the crime is considerably poor in light of the method and content of the crime; and (d) the crime of obstruction of performance of official duties that disregards public authority

In addition, taking into account the following circumstances: (a) the confession of the Defendant committed the instant crime and reflects his mistake in depth; and (b) depressions suffered by the Defendant appears to have partly affected the instant crime; (c) the Defendant’s payment of KRW 1.5 million to the victim of the crime of causing property damage and agreed that the victim does not want the Defendant’s punishment; and (d) the equity in sentencing with the same and similar incidents; and (e) other factors indicated in the instant pleadings, such as the Defendant’s age, character and conduct, environment, motive and circumstance of the crime, means and consequence of the crime; and (e) the circumstances after the crime, etc., it is not recognized that the lower court’s punishment is too unreasonable.

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

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

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