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본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
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(영문) 수원지방법원 2016.12.08 2016노3296
공무집행방해
Text

The prosecutor's appeal is dismissed.

Reasons

1. The decision of the court below on the gist of the grounds for appeal (five million won of a fine) is too unhued and unreasonable.

2. The judgment of the defendant does not regard the defendant as being under suspension of execution due to the violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Death or Injury resulting from Dangerous Driving) and committed the crime of this case, and the crime of obstruction of performance of official duties requires more severe punishment to establish public authority and legal order, etc.

However, in light of the fact that the defendant still has no record of criminal punishment for the same kind of crime, the crime of this case is deemed to have been committed by the defendant while under the influence of alcohol, and the investigation agency after the investigation, the defendant recognized the crime of this case and appears to reflect his/her mistake, the defendant seems to have committed the crime of this case, and the degree of assault against the police officer F is not relatively more severe, and all of the sentencing conditions in the arguments of this case, including the defendant's age, character, character, environment, family relationship, etc., it cannot be deemed that the sentence of the court below imposed by

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

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