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(영문) 대구지방법원 2017.09.21 2017노1868
공무집행방해
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal is unreasonable as it is too unfasible to the punishment (6 million won in penalty) declared by the court below.

2. The judgment below rendered the above sentence in consideration of the circumstances favorable to the defendant, such as the fact that the defendant had a number of criminal records including the same power, that the defendant confessions all of the crimes of this case and seriously reflects the fact that the defendant is not subject to criminal punishment exceeding the fine, and that the defendant has no record of criminal punishment.

In addition to the circumstances considered by the court below, the court below takes into account the fact that the degree of assault seems relatively minor.

In full view of the Defendant’s age, sex, environment, health, circumstances leading to the commission of a crime, means and result, scale of a crime and circumstances after a crime, etc., which can be known through records and pleadings, the sentence sentenced by the lower court appears to be reasonable, and the lower court’s judgment of sentencing exceeded the reasonable bounds of discretion.

There is no circumstance that the assessment or maintenance thereof is deemed unfair (see Supreme Court Decision 2015Do3260, Jul. 23, 2015). Therefore, it is difficult to view that the sentence imposed by the lower court is unfair because it is too unfasible as the prosecutor asserts.

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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