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(영문) 수원지방법원 2016.11.11 2016노5319
공무집행방해
Text

The prosecutor's appeal is dismissed.

Reasons

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

2. The crime of obstruction of the performance of official duties is an offense that undermines the function of the State by nullifying the legitimate exercise of public authority, and is disadvantageous to the Defendant’s use of violence to police officers over a number of times.

However, considering various sentencing conditions, such as the Defendant’s age, character and behavior, environment, motive, means and consequence of the crime, degree of damage, circumstance after the crime, etc., the sentence imposed by the lower court is too uneasible and unreasonable, in light of the following: (a) the Defendant has no criminal history; (b) the victimized police officer expressed his/her intention not to punish a police officer; (c) the recognition of and reflects the instant crime; and (d) the Defendant’s age, character and behavior

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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