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(영문) 수원지방법원 2016.12.14 2016노3812
공무집행방해
Text

Defendant

All appeals by prosecutors are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The sentence of the lower court (a fine of three million won) is too unreasonable.

B. The Prosecutor’s sentence is too unhued and unreasonable.

2. However, the Defendant recognized and reflected the instant crime.

The defendant's health status is not good and there is also no economic situation with a basic living beneficiary.

It seems that the victim did not have been injured and the defendant does not want to be punished.

On the other hand, it is necessary to strictly punish crimes of obstruction of performance of official duties in order to establish the law and order of the state and eradicate the light of public authority.

Defendant has a lot of criminal power to punish violent crimes.

Considering the above circumstances in light of the Defendant’s age, character and conduct, environment, family relationship, motive and method of committing the crime, and the circumstances after committing the crime, the sentence of the lower court is deemed appropriate, and it cannot be deemed that the Defendant and the prosecutor’s assertion of unfair sentencing is too heavy or unreasonable. Thus, all of the grounds of unfair sentencing are without merit.

3. As such, the appeal by the defendant and the prosecutor is without merit, and all of them are dismissed in accordance with Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition.

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