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(영문) 대구지방법원 2016.08.17 2016노319

공무집행방해

Text

The prosecutor's appeal is dismissed.

Reasons

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

2. The judgment of the court below is that the crime of this case was committed against a police officer dispatched after receiving a report by the defendant, and the nature of the crime is minor.

However, the Defendant recognized the instant crime as an initial offender with no record of criminal punishment, and is in depth against it.

In addition, in full view of the various circumstances that are conditions for sentencing, such as the Defendant’s age, sex, environment, record of crime, motive, means and consequence of the instant crime, and the circumstances after the crime, it is not recognized that the sentence imposed by the lower court is too uneasible and unfair.

3. The appeal by the prosecutor of the 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.