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(영문) 대구지방법원 2019.09.06 2019노1183

공무집행방해등

Text

The prosecutor's appeal is dismissed.

Reasons

1. The gist of the grounds for appeal is that the lower court’s punishment (six million won of a fine) is too unhued and unreasonable.

2. In light of the circumstances leading up to each of the instant crimes, how to commit the instant crimes, and how to commit the instant crimes, there is a need to strictly punish the crime of obstruction of performance of official duties in order to establish the state’s legal order and eradicate the light of public authority. The criminal records of the Defendant, who committed the instant crime without being aware of the fact that he/she was sentenced to a suspended sentence of imprisonment for the same crime, even though he/she had been under a suspended sentence of imprisonment for the same crime, are disadvantageous to the Defendant.

However, in full view of the favorable circumstances, such as the fact that the Defendant’s mistake is against himself/herself and did not repeat the crime, the recovery of damage to the victim of property damage and the fact that an agreement has been reached with the victim, the Defendant’s physical condition is not good, such as being hospitalized due to pulmonary tuberculosis, and other circumstances that form the conditions for sentencing specified in the instant pleadings, such as age, character and conduct, environment, family relationship, and circumstances after the crime, it cannot be deemed that the sentence imposed by the lower court is too unreasonable to the extent that it exceeds the reasonable scope of discretion.

3. The prosecutor's appeal of conclusion is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the ground that it is without merit.