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(영문) 대구지방법원 2016.11.24 2016노1865
공무집행방해
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (e.g., a fine of KRW 700,00) of the lower court is too unfilled and unreasonable.

2. The Defendant’s crime of this case committed by the police officer who received the 112 report and demanded him to return home against himself, thereby obstructing the performance of official duties, such as blocking the patrol vehicle in front of the police vehicle, driving seat of the police vehicle, etc., and that such crime cannot be deemed to be negligible, etc., is disadvantageous to the Defendant.

On the other hand, the defendant recognized the crime of this case and against his mistake, while the defendant was punished for a crime related to violence, the fact that there is no record of punishment for obstruction of performance of official duties, such as the crime of this case, and that the degree of obstruction of performance of official duties of the defendant does not seem to be significant is favorable to the defendant.

Considering the above circumstances and other circumstances, such as the character, conduct, environment, motive, means and consequence of the crime, the circumstances after the crime, etc. of this case and the conditions for sentencing as shown in the records and arguments, the sentence of the court below is deemed appropriate as a sentence within the scope of the discretion of sentencing.

Therefore, prosecutor's 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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