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(영문) 대전지방법원 2020.04.29 2019노1217

공무집행방해등

Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal is as follows: (a) In addition, in light of the content of the instant crime in which the Defendant, who had been punished for committing the crime related to the same kind of violence as the instant case, received further reports, thereby obstructing the restaurant business of the victim D; and (b) the nature of the crime is very poor in light of the content of the instant crime in which the Defendant used violence against the police officers dispatched after receiving reports; (c) the act of obstructing performance of official duties requires strict punishment in order to make the public authority of the State and establish legal order; and (d) taking into account equity in the punishment with co-defendants of the lower court, the lower

2. In light of the judgment, the above unfavorable circumstances asserted by the prosecutor in the grounds of appeal are deemed to have been sufficiently taken into account when determining the punishment at the court below. The defendant committed all the crimes of this case, and there are circumstances that can be taken into account in the course of the crime, including the fact that the defendant agreed smoothly with some victims, and that there are circumstances that can be taken into account in the course of the crime, etc., the sentencing judgment of the court below is too unafford and exceeded the reasonable scope of discretion.

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