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(영문) 대구지방법원 2016.11.30 2016노3024
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 was committed by assaulting a police officer who performed official duties and obstructing the performance of official duties by the Defendant, and that there is a need to strictly punish the Defendant in light of the recent situation of public power.

However, considering the following facts: (a) the Defendant led to the confession of the crime in depth; (b) the Defendant did not have any specific criminal force as well as the punishment twice a fine due to a drunk driving; (c) did not have any record of being punished for the same kind of crime; and (d) was used by the victimized police officer during the trial; and (c) the Defendant’s age, character and behavior, environment, motive, means and consequence of the instant crime; and (d) all of the sentencing conditions stated in the instant pleadings, such as the circumstances after the crime, etc., the lower court’s sentence is too una

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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