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(영문) 대구지방법원 2016.12.21 2016노3023
공무집행방해
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (a fine of three million won) declared by the lower court is too unhued and unreasonable.

2. We examine the judgment. The crime of this case was committed by the defendant with his uniform and expressed a bath to the police officer, and it cannot be deemed that the crime of this case interfered with the performance of official duties by assaulting him, such as putting him with balth and falthing the falth, etc. However, although there are unfavorable circumstances such as the defendant's recognition of the charge of this case and his depth against the defendant, the defendant seems to have committed the crime of this case more contingently, and the defendant seems to have committed the crime of this case, not only twice a fine due to the violation of the Road Traffic Act, but also two times a fine due to the violation of the Road Traffic Act, and it is difficult to view that the degree of the use of the crime of this case is very serious. In addition, the prosecutor's assertion is without merit since the court below's punishment is too unjustifiable and unreasonable, considering all the conditions of sentencing as shown in the records and arguments of this case, such as the defendant's age, character, environment, family relations, etc.

3. In conclusion, the prosecutor's appeal 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.

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