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(영문) 대구지방법원 2016.01.08 2015노4283
특수공무집행방해
Text

All appeals by the prosecutor and the defendant are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The sentence (6 months of imprisonment and confiscation) imposed by the prosecutor by the court below is too unhued and unreasonable.

B. The above sentence sentenced by the court below is too unreasonable.

2. Regarding the judgment and the defendant's unfair argument of sentencing, the crime obstructing the performance of official duties is a crime detrimental to the function of the State by nullifying the legitimate exercise of public authority, and there is a need to strictly punish the defendant. In particular, the defendant committed the crime of this case even before the month during which the crime of this case was committed, under the suspension of execution due to the obstruction of the performance of official duties. The crime of this case is bad in nature in that it is dangerous for the defendant to commit the crime of this case, such as intimidation of police officers with lethal weapons, etc., and there are no circumstances that the defendant sought or agreed against the victimized police officers. However, although there are circumstances unfavorable to the defendant, the defendant's act of this case was acknowledged as the charge of this case, and there was no serious result such as injury, etc. caused by the crime of this case, there was no criminal conviction against the defendant, the defendant did not have to be sentenced to punishment, and there was no special reason that the defendant's first sentence was delayed due to the crime of this case, or that there was no undue punishment for the defendant's argument and other circumstances.

3. According to the conclusion, since both the prosecutor and the defendant's appeal are without merit, it shall be dismissed pursuant to Article 364 (4) of the Criminal Procedure Act, and it is so decided as per Disposition (see, e.g., Supreme Court Decision 25(1) of the Rules on Criminal Procedure, since it is apparent that the application of the law of the court below was omitted.

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