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(영문) 대구지방법원 2017.09.22 2017노1959

공무집행방해

Text

The prosecutor's appeal is dismissed.

Reasons

1. The main point of the grounds for appeal is that the sentence (3 million won in penalty) imposed by the court below on the defendant is too unhued and unfair.

2. The judgment of the defendant has a number of penalties including the suspended sentence due to the same crime, and the crime of this case is deemed to have been committed during the suspended sentence, but it is recognized that the defendant recognized the crime of this case and reflects the fact that the defendant was not guilty, that the defendant did not have any criminal record, that the defendant was suffering from a legacy in the process of arresting the defendant at the time of the crime of this case, and that the defendant seems to have suffered from a legacy, such as the defendant's age, sex behavior, environment, family relationship, and circumstances after the crime of this case, considering all of the sentencing conditions indicated in the records and theories of this case, it is not recognized that the court below's punishment is too unreasonable, and therefore the prosecutor's assertion is without merit.

3. In conclusion, the prosecutor’s appeal is dismissed in accordance with Article 364(4) of the Criminal Procedure Act, and it is so decided as per Disposition.