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(영문) 대구지방법원 2016.08.19 2015노1663

공무집행방해

Text

The prosecutor's appeal is dismissed.

Reasons

1. The sentence (five million won in penalty) that the court below rendered by the court below on the gist of the grounds of appeal is too unhutiled and unreasonable.

2. The crime of this case is a case of assaulting a police officer dispatched upon receiving a report by the defendant, and there is a good quality of the crime of obstructing the performance of official duties in order to establish the state's legal order and to eradicate the light of public authority. The defendant has a history of being subject to criminal punishment several times, and in particular, the defendant was sentenced to six months of imprisonment on July 26, 2013 and was sentenced to criminal punishment on February 26, 2014, and again committed the crime of this case on February 26, 2014. However, although the defendant committed the crime of this case on February 26, 2014, he committed the crime of this case, he did not go against the wrong judgment. Meanwhile, there is no other favorable circumstance that the defendant committed the crime of this case, such as the degree of damage by the police officer caused by the crime of this case, the degree of interference with the performance of official duties, and other favorable circumstances that led to the crime of this case, the defendant's age, sex, environment, motive and consequence, etc.

3. In conclusion, the prosecutor's appeal is dismissed under Article 364 (4) of the Criminal Procedure Act on the grounds that the prosecutor's appeal is without merit, and it is so decided as per Disposition (Provided, That in accordance with Article 25 (1) of the Rules on Criminal Procedure, each of the facts constituting the crime of the lower judgment's ex officio dismissal of "E" as "F" shall be corrected.