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(영문) 대구지방법원 2017.06.02 2017노618
공무집행방해
Text

All appeals by the defendant and the prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The sentence imposed by the lower court (2.5 million won) on the Defendant is too unreasonable.

B. The sentence imposed by the prosecutor by the court below is too uneasible and unfair.

2. The Defendant and the Prosecutor’s respective arguments of sentencing together with each other, and the crime of this case is not likely to be a case where the Defendant expressed a desire to a police officer in the process of carrying out legitimate official duties and brought a threat to such police officer.

However, taking into account the favorable circumstances, such as the fact that the Defendant did not actually proceed to the price act, the fact that there was no record of violence-related crimes, and the fact that he shows a attitude against his mistake, and taking into account all the sentencing conditions, such as the Defendant’s age, sex, environment, circumstances leading to the commission of the crime, means and consequence, etc., the lower court’s punishment, as argued by the Prosecutor, cannot be deemed unfair, or unfair because it is too unreasonable as it is too unreasonable as the Defendant asserts, and thus, the above argument by the Prosecutor and the Defendant are without merit.

3. In conclusion, all appeals filed by the defendant and the prosecutor are without merit. Thus, all appeals are dismissed in accordance with Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition.

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