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(영문) 대구지방법원 2017.12.15 2017노2658
업무방해등
Text

All appeals by the defendant and the prosecutor are dismissed.

Reasons

1. The lower court rendered a judgment dismissing a public prosecution regarding the insult of the facts charged in the instant case, and rendered a judgment of conviction as to the remainder of the facts charged.

Since the dismissal part of a public prosecutor’s appeal against the guilty part of the judgment of the court below for the reason that the sentencing was unfair, which was not appealed by the prosecutor, is separate and finalized depending on the expiration of the period of appeal, the judgment of the court below is to be made only for the guilty part

2. Summary of reasons for appeal;

A. The sentence imposed by the lower court (hereinafter referred to as 8,00,000 won) is too unreasonable.

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

3. There are favorable circumstances such as the Defendant’s confession of all of the instant crimes and reflects his mistake, the fact that the Defendant agreed with the victim of the crime interfering with the business, the degree of the assault exercised against the victimized police officer is not significant, and the extent of the assault exercised against the victimized police officer seems to be economically difficult.

However, the crime of this case is likely to obstruct the defendant's business at the place of another person's business, assault a police officer dispatched after receiving a report to interfere with the legitimate performance of official duties, and thus the nature of the crime is very poor. In particular, the crime of interference with the performance of official duties requires strict punishment in order to secure the state's legal order and eradicate the light of public authority, and there is a large history of punishment for violent crimes, and the defendant committed the crime of this case again without being among persons during the period of probation.

In addition, considering the defendant's age, sex, environment, motive and background of the crime, circumstances after the crime, etc. of this case and all of the sentencing conditions mentioned in the theory of change, the punishment sentenced by the court below is deemed appropriate.

4. In conclusion, the appeal by the defendant and the prosecutor is without merit, and thus, Article 364 (4) of the Criminal Procedure Act is not applicable.

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