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(영문) 수원지방법원 2013.05.30 2013노622
상해등
Text

The prosecutor's appeal is dismissed.

Reasons

1. In light of the substance of the grounds for appeal in this case’s sentencing conditions, the lower court’s punishment (a fine of three million won) is too uneased and unreasonable.

2. The crime of obstruction of the performance of official duties is a crime that has undermined legitimate exercise of public authority and thus causes severe punishment.

However, in full view of all the sentencing conditions, including the fact that the defendant seems to have committed the crime of this case by contingency while under the influence of alcohol, that the defendant has no record of punishment for the same kind of crime, that the defendant deposited 3 million won for the victimized police officers in the first instance court, and that it reflects the truth, and that the defendant's age, character and behavior, environment, motive and circumstance of the crime, and circumstances after the crime, etc., it cannot be deemed that the sentence of the court below is too unreasonable

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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