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(영문) 대구지방법원 2020.01.08 2019노3986

공무집행방해등

Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (eight months of imprisonment) by the lower court is too unfased and unreasonable.

2. The lower court: (a) took account of the fact that the Defendant was sentenced to imprisonment with prison labor for one year and six months for a crime against the victimized couple, and for a long time, and thus, the nature of the crime is not less and less than that of the victim’s residence; and (b) the fact that the Defendant had the power to be sentenced to obstruction of performance of official duties due to obstruction of performance of official duties; (c) on the other hand, considering the fact that the Defendant appears to be against the Defendant’s crime; (d) the period of time in the victim’s home did not extend; and (e) the Defendant did not exercise physical violence against the

Comprehensively taking account of the conditions of sentencing as shown in the records and arguments, the Prosecutor’s assertion is without merit, since the sentencing of the lower court is not deemed to have exceeded the reasonable scope of discretion.

3. The prosecutor's appeal of conclusion is without merit, and it is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.