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(영문) 대구지방법원 2014.02.07 2013노2923

공무집행방해등

Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (ten months of imprisonment, two years of suspended execution, two years of probation, and 80 hours of community service) of the lower court is deemed to be too unhued and unreasonable;

2. The judgment is based on the following factors: (a) the Defendant accompanied the things on the convenience store on the ground that the Hand charging device does not work simply; (b) assault the police officer called upon receiving a report to commit the crime; (c) there is no effort to recover damage; (d) the Defendant has been punished for the suspension of execution due to obstruction of performance of official duties, etc. on or around 2008; (c) the Defendant reflects the Defendant’s mistake by recognizing all of the crimes of this case; (d) the Defendant appears to have committed each of the crimes of this case by drinking; and (e) the Defendant appears to have committed each of the crimes of this case by contingency; and (e) other factors of sentencing as shown in the argument of this case, such as the Defendant’s age, character and behavior, environment, circumstance of the crime of this case, and circumstances after the crime, etc., the Defendant’s

3. Therefore, 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.