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(영문) 대구지방법원 2017.01.13 2016노875

공무집행방해

Text

The prosecutor's appeal is dismissed.

Reasons

1. The sentence (2.5 million won in penalty) declared by the court below on the gist of the grounds of appeal is deemed to be too unhutiled and unfair.

2. The crime of this case was committed in consideration of the following circumstances: (a) the Defendant committed assaulting three times the face of police officers in the earth; (b) the quality of the crime is not good; and (c) the State’s legal order and order are established and the public authority needs to strictly punish the crime of interference with the performance of official duties in order to eradicate the peace of the public authority; (d) on the other hand, the Defendant’s confession of the crime of this case is against the Defendant; (b) the Defendant did not bear any emphasis on the degree of violence or obstruction in the performance of official duties; (c) there was no record of criminal punishment exceeding the fine; and (d) other factors of sentencing indicated in the records and changes theory, such as the Defendant’s age, sexual behavior, environment, motive and background leading up to the crime of this case; and (e) the means and consequence after the crime, etc., the prosecutor’s assertion is without merit.

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.