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(영문) 대구지방법원 2016.09.23 2016노2463
공무집행방해
Text

The prosecutor's appeal is dismissed.

Reasons

1. The sentence imposed by the court below (six months of imprisonment and two years of suspended execution) is too unfluened and unfair.

2. The instant crime was committed by the police officer upon receipt of the 112 report, and was committed by the police officer, such as taking the right door and walking the left buckbucks, and the nature of the crime is not easy. The crime obstructing the performance of official duties is a serious punishment in order to establish a state’s legal order and eradicate the danger of public power.

However, the defendant recognized the crime of this case, is in depth and is against the depth, and the degree of the assault inflicted by the defendant is not hot.

In addition, although there is a history of criminal punishment of a fine due to the same crime, it is very long, and there is no record of criminal punishment after 2005.

In addition, there is no particular change in the sentencing conditions compared with the original judgment because new sentencing materials have not been submitted at the trial court.

In addition, comprehensively taking account of the various circumstances such as the Defendant’s age, sex, environment, motive, means and consequence of the instant crime, and the circumstances after the crime, it is not recognized that the sentence imposed by the lower court is too uneasible and unfair.

3. The appeal by the prosecutor of the conclusion 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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