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(영문) 대구지방법원 2018.03.09 2017노2508
공무집행방해
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (unfair sentencing) that the court below rendered against the defendant is too unfasible and unfair.

2. In order to establish the legal order of the judgment state and eradicate the light of the public authority, the crime of interference with the performance of official duties, such as the instant case, requires strict punishment, the degree of interference with the performance of official duties of this case, and the Defendant’s failure to receive a letter from the victimized police officer, are disadvantageous circumstances.

On the other hand, the fact that the defendant recognized the crime of this case and reflected, the defendant appears to have committed the crime of this case by contingency, and the defendant has no criminal record exceeding the fine, etc. are favorable circumstances.

In full view of the above circumstances and all other factors of sentencing as indicated in the pleadings of this case, including the Defendant’s age, sex, environment, family relationship, motive for committing a crime, means and consequence of a crime, etc., the sentence imposed by the lower court is too uneasy and unreasonable.

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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