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(영문) 대구지방법원 2020.05.27 2019노3613
공무집행방해등
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal that the court below rendered by the defendant (hereinafter referred to as "fines 4,000,000") is too unhued and unreasonable.

2. In a case where there is no change in the conditions of sentencing compared with the first instance court, and the sentencing of the first instance court does not deviate from the reasonable scope of discretion, it is reasonable to respect it.

(See Supreme Court en banc Decision 2015Do3260 Decided July 23, 2015). The fact that the Defendant intimidations and assaults police officers working on duty is unfavorable to the Defendant.

However, in full view of the following circumstances: (a) the Defendant recognized the instant crime and opposed to the Defendant; (b) the Defendant was the first offender who did not have any previous conviction; (c) the Defendant performed the repair expenses for Handphones to the victimized police officers; (d) the victimized police officers used the Defendant; and (e) the Defendant’s age, character and conduct, environment, family relationship, circumstances leading to the Defendant’s crime; (b) the circumstances leading to the Defendant’s crime; (c) the means and consequence; and (d) the circumstances after the commission of the crime, etc., the sentence imposed by the lower court is appropriate; and (d) it is deemed that the lower court’s sentencing judgment exceeded the reasonable bounds of discretion or is unreasonable to maintain

Therefore, since the court below’s punishment is too uneasible and unreasonable, the prosecutor’s above assertion is without merit.

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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