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(영문) 대구지방법원 2016.10.14 2016노1761
공무집행방해
Text

The prosecutor's appeal is dismissed.

Reasons

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

2. It is recognized that the instant crime was committed by assaulting a police officer who performed official duties and obstructing the performance of official duties, and that there is a need to strictly punish the instant crime in light of the recent situation of public authority.

However, considering the fact that the Defendant has divided his mistake in depth, that the Defendant appears to have committed the instant crime in contingency, that the degree of assault is relatively minor, that there is no record of punishment for the same kind of crime, and that there is other conditions of all the sentencing specified in the instant pleadings, such as the Defendant’s age, character and conduct, environment, motive, means and consequence of the instant crime, the circumstances after the commission of the crime, etc., it is not recognized that the lower court’s punishment is too 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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