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(영문) 대구지방법원 2016.12.14 2016노2691

공무집행방해

Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (a fine of two million won) declared by the lower court is too unhued and unreasonable.

2. We examine the judgment. The crime of this case is deemed to have been committed by the defendant, such as taking a bath against the police officer and taking advantage of violence, such as the defendant's age, character and conduct, environment, family relationship, and circumstances after the crime, etc.; however, it is not recognized that the defendant recognized the facts charged of this case and reflects his fault in depth. Meanwhile, the defendant appears to have committed the crime of this case by drinking, it is difficult to view that the defendant committed the crime of this case by contingency. The degree of the exercise of the crime of this case is very serious; the defendant did not have any history of criminal punishment; the victim police officer is the preference against the defendant; the defendant is the defendant's age, character and conduct, family relationship, and all the sentencing conditions specified in the records and arguments of this case, such as the defendant's age, character and conduct, circumstances after the crime, etc. are considered, and thus, the prosecutor's assertion is without merit.

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