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(영문) 수원지방법원 2016.11.24 2016노3088
공무집행방해
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (a fine of four million won) declared by the lower court is too unhued and unreasonable.

2. The instant crime committed by the Defendant constitutes assaulting a police officer who has tried a dispute over fees with a taxi engineer, and the nature of the instant crime is not good, and it is necessary to sentence a serious punishment for obstruction of performance of official duties as to the instant crime in order to resolve the cryping of legitimate public authority, and to establish a legal order.

However, in full view of all the sentencing conditions, including the Defendant’s age, character and conduct, environment, and family relationship, it appears that the sentencing of the lower court is too unjustifiable, and it is difficult to see that the sentence of the lower court is too unreasonable, in view of the following factors: (a) the Defendant under the influence of alcohol was an contingent and dynamic crime that occurred while the Defendant interested along with the taxi engineer; (b) the degree of violence the Defendant used by the police officer is relatively excessive; and (c) the Defendant has no record of criminal punishment so far; and (d) the Defendant has no record of criminal punishment so far

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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