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(영문) 대전지방법원 2016.06.15 2016노26

공무집행방해등

Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (unfair sentencing) by the court below is unreasonable as it is too unfasible to the extent that the penalty (4 million won) imposed by the court below is too unfased.

2. The instant crime committed by the Defendant, under the influence of alcohol, committed assault and bodily injury against two police officers dispatched after receiving a report to protect the Defendant on the ground of sleep in the parking lot. In light of the circumstance of the instant case and the number of victimized police officers, the liability for the crime is not easy in light of the circumstance of the instant case and the number of victimized police officers, and there is a need for strict punishment against the crime of interference with duties, such as assault and intimidation against police officers performing their duties with due care.

On the other hand, the crime of this case is against the defendant, such as the defendant's death by finding the injured police officer, and the crime of this case is deemed to have been committed by the defendant in a state of detention, the contents of the assault committed by the defendant are insignificant, and the injury inflicted by the injured police officer is relatively minor to the extent that it requires two-day medical treatment, the defendant is the first offender who has no criminal history, the defendant's spouse is leading the defendant to the defendant, and the defendant's spouse is leading to the defendant, and the defendant's wife is able to break down.

In full view of the above circumstances and the motive leading up to the instant crime, the circumstances after the instant crime was committed, the Defendant’s age, sexual conduct, family relationship, occupation, etc., and all the circumstances constituting the conditions for sentencing as shown in the records and arguments, the lower court’s sentence is too uneasible and deemed unfair. As such, the Prosecutor’s improper assertion of sentencing is rejected.

3. As such, the prosecutor’s appeal is dismissed in accordance with Article 364(4) of the Criminal Procedure Act on the grounds that the appeal is without merit.