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(영문) 대구지방법원 2017.12.01 2017노2557
공무집행방해
Text

The prosecutor's appeal is dismissed.

Reasons

1. The sentence (3 million won in penalty) declared by the court below on the gist of the grounds of appeal is deemed to be too unhutiled and unfair.

2. The crime of this case is an unfavorable circumstance, such as the following: (a) the Defendant’s act of obstructing the performance of official duties in order to establish the state’s legal order and to eradicate the crypance of public authority: (b) the crime of this case requires strict punishment; (c) the degree of interference with the performance of official duties is not easy; and (d) the Defendant did not receive a letter from the victimized police officer E.

However, there are favorable circumstances, such as the Defendant’s confession of the instant crime in depth, the Defendant appears to have committed the instant crime with contingency while under the influence of alcohol, the Defendant agreed to the F with the victimized Police Officer, the Defendant has no record of criminal punishment prior to the instant case, and the Defendant’s wife complains of the Defendant’s wife.

Considering the above circumstances and other circumstances, the Defendant’s age, sex, environment, motive and background leading to the instant crime, its means and consequence, etc., and all of the sentencing conditions indicated in the instant case records and arguments, it cannot be deemed unfair because the sentence imposed by the lower court is uneasible and 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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