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(영문) 대구지방법원 2018.07.27 2018노1613

공무집행방해등

Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (unfair sentencing) that the court below rendered against the defendant is too unfasible and unfair.

2. Each of the instant crimes committed by the Defendant is an unfavorable circumstance, such as the following: (a) the Defendant took a bath and assault against a police officer demanding the Defendant to take tobacco in an emergency medical center; and (b) assaulted the victim G to restrain it; (c) the nature of the crime is not good; (d) the State’s legal order and order are established to eradicate the light of public authority; and (e) there is a need to strictly punish the crime, such as interference with the performance of official duties; and (e) the fact that the Defendant

On the other hand, the fact that the defendant recognizes each of the crimes of this case, that the defendant is the first offender who has no criminal record, and that the defendant has a defect in hearing.

In full view of the above circumstances and all other factors of sentencing as indicated in the pleadings of this case, including the Defendant’s age, sex, environment, family relationship, motive for committing a crime, means and consequence of a crime, etc., the sentence imposed by the lower court is too uneasy 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 prosecutor's appeal is without merit. It is so decided as per Disposition.