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(영문) 대구지방법원 2018.02.02 2017노4544
상해등
Text

The prosecutor's appeal is dismissed.

Reasons

1. The sentence (two million won in penalty) that the court below rendered by the court below on the gist of the grounds of appeal is too unhued and unreasonable.

2. The crime of this case is an unfavorable circumstance where each of the crimes of this case committed by the Defendant by assaulting the police officers dispatched after receiving a 112 report from the Defendant, thereby obstructing the performance of their duties or causing bodily injury. The nature of the crime is not good. In order to establish the state’s legal order and to eradicate the light of public authority, the crime of obstructing the performance of official duties, such as this case, requires strict punishment, the degree of interference with the performance of official duties of this case is not weak, and the Defendant was unable to receive a letter from the victimized police officers.

However, in light of the favorable circumstances such as the Defendant’s confession of each of the crimes in this case and the Defendant appears to have committed each of the crimes in this case by contingency, the degree of injury in this case is not severe, and the Defendant’s age, sexual conduct, environment, motive and circumstance leading to the instant crime, means and consequence, and all of the sentencing conditions indicated in the records and changes of the instant case, such as the circumstances after the commission of the crime, etc., the sentence imposed by the lower court cannot be deemed unfair as it is deemed unfair.

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 prosecutor's appeal is without merit. It is so decided as per Disposition.

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