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(영문) 대구지방법원 2018.04.13 2017노5388

재물손괴등

Text

The prosecutor's appeal is dismissed.

Reasons

1. The sentence imposed by the court below (two months of imprisonment and two years of suspended execution) is too unhued and unfair.

2. The defendant has been punished several times by obstructing the performance of official duties.

On July 21, 2016, the Defendant was sentenced to four months of imprisonment and one year of suspended execution for the above crimes at Suwon District Court on July 21, 2016, and committed each of the instant crimes repeatedly without being aware of during the suspended execution period (finality of July 29, 2016).

Each of the crimes of this case is a breathous and breathous act, or verbal abuse and assault against a police officer who restrains such act, and the nature of the crime is hot.

This is disadvantageous to the defendant.

However, the degree of the criminal defendant's use of force to police officers is relatively weak.

In agreement with the victim of the crime of damaging property, the victim does not want the punishment of the defendant.

Defendant recognized each of the crimes of this case.

This is the circumstances favorable to the defendant.

In addition, there is no special circumstance or change of circumstances that can be newly considered after the pronouncement of the judgment below, and considering all of the sentencing conditions as shown in the records and theories of this case, such as the defendant's age, sex, environment, motive and circumstance of the crime, and circumstances after the crime, it does not seem that the sentence imposed by the court below is too unfeasible and unfair.

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. [Article 25 (1) of the Rules on Criminal Procedure, Article 366 of the Criminal Procedure Act, Article 136 (1) of the Criminal Act, and Article 3 (3) 1 of the Punishment of Minor Offenses Act (the point of obstructing the performance of official duties), and Article 19 of the Punishment of Minor Offenses Act as "the decision of imprisonment for each property damage and obstructing the performance of official duties shall be punished by a fine, and Article 5-10, and Article 111 of the Punishment of Minor Offenses Act shall be punished by a fine," and "the next day after the suspension of the execution of the execution of official duties or the expiration of the suspended execution period."