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(영문) 수원지방법원 2015.07.22 2015노1263
공무집행방해등
Text

The prosecutor's appeal is dismissed.

Reasons

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

2. The crime of this case committed by the Defendant by assaulting two police officers, obstructing police officers from performing their legitimate duties, and causing injury to police officers among them. In light of the circumstances, method and contents of the crime, etc., the nature of the crime is not good, and the crime of obstruction of performance of official duties requires strict punishment as a crime detrimental to the State’s function by obstructing the legitimate exercise of public authority.

However, in full view of all the circumstances, including the fact that the defendant was aware of and against the crime, and that there is no record of criminal punishment by the defendant, as well as the age, character, conduct, environment, family relationship, motive, means and consequence of the crime, etc. of the defendant, the sentence of the court below cannot be deemed to be unfair because the sentence of the court below is too uneasible. Thus, the prosecutor's assertion is without merit.

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

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