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(영문) 수원지방법원 2016.10.20 2016노3016
공무집행방해등
Text

The prosecutor's appeal is dismissed.

Reasons

The gist of the prosecutor's appeal (unfair form) is that the crime of this case is not likely to obstruct the performance of official duties and inflict bodily injury on two police officers who were dispatched by the defendant after receiving 112 reports on two occasions, by causing violence, such as breathing breath and walking the breath, etc., and thus obstructing the performance of official duties and obstructing the performance of duties, the degree of violence and bodily injury is not easy, the defendant did not seem to have any attitude against the mistake while denying the crime even after he was arrested as a flagrant offender, and it is necessary to severely punish the crime of obstruction of performance of official duties. In light of the above, the sentence of the court below that sentenced a fine of KRW 5,00,000,000 is too unreasonable.

Judgment

In full view of the facts alleged in the grounds for appeal, including the Defendant’s age, character and behavior, environment, motive and background of the crime, circumstances after the crime, etc., the court below’s punishment is not deemed to be unfair even if considering the circumstances alleged in the grounds for appeal are considered, since the court below’s punishment is not determined to be too unreasonable, since it is not reasonable, since it is not reasonable in light of the following circumstances, even if it is considered in the grounds for appeal, the court below’s punishment is too unreasonable.

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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