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(영문) 대구지방법원 2019.05.03 2018노4455
공무집행방해
Text

The prosecutor's appeal is dismissed.

Reasons

1. The gist of the grounds for appeal is that the lower court’s punishment (three million won of a fine) is too unhued and unreasonable.

2. In order to establish the legal order of the judgment state and eradicate the light of the public authority, it is necessary to strictly punish the crimes of obstruction of performance of official duties, such as the instant case.

However, in full view of the following circumstances: (a) the Defendant recognized the Defendant’s mistake and reflects in depth; (b) the degree of assault against police officers is not excessive; (c) the police officers and the victim police officers have reached an agreement with the police officers who have suffered from the trial and did not want to punish the Defendant; (d) the Defendant does not have the same kind of criminal records; and (c) the Defendant’s basic living beneficiaries are not under economic circumstances; and (d) the Defendant’s age, character and behavior, environment, family relationship, motive and consequence of the crime; and (e) other circumstances constituting the conditions for sentencing specified in the instant pleadings, such as the circumstances after the crime, etc., it cannot be deemed that the lower court’s punishment is too unreasonable to be deemed to have exceeded

3. The prosecutor's appeal of conclusion is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the ground that it is without merit.

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