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(영문) 대구지방법원 2016.10.14 2016노1714
공무집행방해등
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. 판단 이 사건 각 범행의 태양 및 수법 등에 비추어 그 죄질이 나쁠 뿐만 아니라 최근의 공권력 경시 풍조를 고려할 때 엄히 처벌할 필요가 있는 점은 인정된다.

However, considering the following facts: (a) the Defendant divided his mistake; (b) appears to have committed each of the instant offenses; (c) around 1992, the Defendant did not have any particular criminal power except that sentenced to a fine of KRW 300,000 as a result of the crime of violating the Food Sanitation Act; (d) the victim did not want the punishment of the Defendant by mutual consent with the victim interfering with his duties; and (e) the Defendant’s age, character and conduct, the environment, the motive, means and consequence of each of the instant offenses; and (e) the circumstances after committing the instant offenses, etc., the lower court’s punishment is too

Therefore, prosecutor's assertion is without merit.

3. In conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act as it is without merit. It is so decided as per Disposition.

(However, the application of the law in the judgment of the court below is clear that the "paragraph (1)" was erroneously omitted after the "Article 70 of the Criminal Act" in the Nowon-gu Detention Clause, and such addition is made ex officio in accordance with Article 25 (1) of the Rules on Criminal Procedure.

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