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(영문) 대구지방법원 2016.07.12 2015노3377

공무집행방해

Text

The prosecutor's appeal is dismissed.

Reasons

1. The main point of the grounds for appeal is that the lower court’s punishment (3 million won in penalty) is too unhued and unreasonable.

2. It is recognized that the Defendant committed the instant crime during the period of repeated crime due to a violation of the Punishment of Violences, etc. Act (a group, deadly weapon, etc.), and that there are many criminal records against the Defendant, and that the Defendant’s crime of interference with the performance of official duties is a crime detrimental to the State’s function by nullifying a legitimate exercise of public authority, and that there is a need to strictly punish such crime.

However, in full view of all the sentencing conditions indicated in the records, such as the Defendant’s age, sex, environment, occupation, and circumstances after the crime, the lower court’s sentence is unafford and thus is not deemed unfair.

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