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(영문) 대구지방법원 2018.02.01 2017노4580
공무집행방해등
Text

The prosecutor's appeal is dismissed.

Reasons

1. The decision of the court below on the gist of the grounds for appeal (the imprisonment of eight months, the suspension of execution of two years, and the alcohol treatment lectures of 40 hours) is too unfasible and unfair.

2. The lower court rendered the said sentence by taking into account the circumstances favorable to the Defendant, even if the Defendant was subject to criminal punishment due to a fine due to the same crime, and taking into account the fact that the Defendant committed each of the instant crimes while recognizing each of the instant crimes, agreed with the driver who was assaulted, and agreed to the degree and degree of the act of obstructing the performance of official duties, etc.

In full view of the circumstances taken into account by the lower court and all other conditions of sentencing, such as the Defendant’s age, sex, environment, background and consequence of the commission of the offense, means and consequence, size of the offense, and circumstances after the commission of the offense, the sentence imposed by the lower court is deemed reasonable, and the lower court’s judgment exceeded the reasonable bounds of discretion.

There is no circumstance in which the assessment or maintenance is deemed unfair (see Supreme Court Decision 2015Do3260, Jul. 23, 2015). Therefore, as asserted by a prosecutor, the lower court’s sentencing is too uncomfortable and unreasonable.

3. In conclusion, 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. It is so decided as per Disposition.

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