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(영문) 대구지방법원 2020.02.06 2019노1964
공무집행방해
Text

All appeals filed by the defendant and prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The punishment (one million won of a fine) imposed by the lower court is too unreasonable.

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

2. We also examine the judgment and prosecutor’s allegation of unreasonable sentencing.

The defendant recognizes his mistake and reflects his fault.

The defendant seems to have committed the instant crime in a somewhat contingent manner under the influence of alcohol.

There shall be no other criminal records except that the accused has been punished once by a fine due to drinking driving in 2007.

These points are favorable to the defendant.

On the other hand, the crime of this case is one of the crimes that the defendant directly exercises the tangible power to the victimized police officers.

The defendant was unable to receive a letter from the damaged police officer.

These points are disadvantageous to the defendant.

In addition, in full view of the Defendant’s age, character and conduct, environment, health conditions, circumstances after the commission of the crime, and all the conditions of sentencing as shown in the instant records and pleadings, there is no circumstance that the sentence imposed by the lower court is deemed to have exceeded the reasonable bounds of discretion or to be unfair to maintain the sentencing judgment by the lower court.

Therefore, since the sentence imposed by the court below is too heavy or unreasonable, the defendant and the prosecutor's argument of unreasonable sentencing is without merit.

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

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