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(영문) 대구지방법원 2018.02.08 2017노4288

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 lower court rendered the above sentence by taking into account the circumstances that the nature of the crime was not somewhat unfavorable, taking into account the following favorable circumstances: (a) the Defendant recognized his mistake and reflects the Defendant; (b) the Defendant was injured in the course of arrest; (c) agreed with the police officer; and (d) the Defendant was not guilty of the same kind of crime.

In full view of the circumstances taken into account by the lower court and all other conditions of sentencing, such as the Defendant’s age, sex, environment, background and consequence of the commission of the offense, means and consequence, size of the offense, and circumstances after the commission of the offense, the sentence imposed by the lower court is deemed reasonable, and the lower court’s judgment exceeded the reasonable bounds of discretion.

There is no circumstance in which the assessment or maintenance is deemed unfair (see Supreme Court Decision 2015Do3260, Jul. 23, 2015). Therefore, as asserted by a prosecutor, the lower court’s sentencing is too uncomfortable and unreasonable.

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 appeal is without merit. It is so decided as per Disposition.