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(영문) 대구지방법원 2016.07.08 2015노1249

공무집행방해

Text

All appeals by the prosecutor and the defendant are dismissed.

Reasons

A. The sentence imposed by the prosecutor (3 million won) by the court below is too unhued and unfair.

B. The sentence imposed by the lower court is too unreasonable.

2. As to the prosecutor's judgment and the defendant's respective arguments, the crime of this case was committed by the victimized police officer who was called upon by the defendant after receiving a report that the defendant assaults his father to restrain the defendant, and the nature of the crime is not good. The crime of obstructing the performance of official duties like this case requires strict punishment in order to establish the state's legal order and eradicate the light of public authority, and the defendant's confession and confession, and the degree of damage suffered by the victimized police officer is relatively minor, and the degree of damage is relatively minor, taking into account the favorable circumstances such as the defendant's failure to be subject to criminal punishment, equality of sentencing with the same and similar cases, other factors, motive and circumstance leading to the crime of this case, its means and consequence, etc., and all of the sentencing conditions shown in the records and arguments of this case, such as the circumstances after the crime, etc., the prosecutor and the defendant's assertion are without merit.

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