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(영문) 대구지방법원 2016.11.04 2016노2692
공무집행방해
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (a fine of two million won) declared by the lower court is too unhued and unreasonable.

2. It is recognized that the instant crime committed by the Defendant, by assaulting a police officer who performed official duties, obstructed the performance of official duties, and that there is a need to strictly punish the Defendant in light of the recent situation of public power, and that the Defendant did not receive a letter from the victimized police officer.

However, considering the following factors: (a) the Defendant led to the confession of the crime, and there is no record of criminal punishment; (b) the degree of assault is relatively minor; and (c) the Defendant’s age, character and conduct, environment, motive, means and consequence of the instant crime; and (d) all of the sentencing conditions specified in the present argument, such as the circumstances after the crime, it is not recognized that the lower court’s punishment is too uneasible and unreasonable.

Therefore, prosecutor's assertion is without merit.

3. In conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act as it is without merit. It is so decided as per Disposition.

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