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(영문) 대구지방법원 2017.01.13 2016노1942

공무집행방해

Text

The prosecutor's appeal is dismissed.

Reasons

1. The sentence (4 million won in penalty) that the court below rendered by the court below on the gist of the grounds of appeal is deemed to be too unhutiled and unfair.

2. The crime of this case is a case of assaulting a police officer who intends to escape home of a defendant while under the influence of alcohol, and there is a need to strictly punish the crime of obstructing the performance of official duties in order to establish the state's legal order and eradicate the light of public authority. However, there is no particular punishment other than a fine imposed on the confession of the crime of this case, the degree of interference with the performance of official duties is not severe, the crime of this case does not have any specific punishment other than a fine imposed on the crime of this case before 20 years, and other sentencing factors indicated in the records and theories of this case, such as the defendant's age, sex, behavior, environment, motive and circumstance leading to the crime of this case, the means and consequence after the crime, etc., the prosecutor's assertion cannot be deemed unfair since the sentence imposed by the court below is unscheduled.

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