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(영문) 대구지방법원 2018.06.20 2017노5606
공무집행방해
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal that the court below rendered by the defendant is too unfasible and unfair.

2. The crime of this case is an unfavorable circumstance to the defendant that prevents the execution of legitimate official duties by exercising a direct tangible force on the body of a police officer dispatched by the defendant upon receipt of a report 112.

However, considering the Defendant’s recognition of the instant crime and the favorable circumstances that there was no criminal history, other than twice fines, the Defendant’s age, sexual conduct, environment, family relationship, circumstances leading to the instant crime, means and consequence, and all of the sentencing conditions indicated in the records and arguments, including the circumstances after the instant crime, the sentence imposed by the lower court is appropriate, and the sentencing judgment by the lower court exceeded the reasonable bounds of discretion.

There are no circumstances such as evaluation or maintenance of it is deemed unfair.

Therefore, the prosecutor's above assertion is without merit, since the court below's punishment is too unfasible.

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

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