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대구지방법원 2015.10.21 2015노747

공무집행방해

Text

The prosecutor's appeal is dismissed.

Reasons

1. The sentence of a fine of KRW 5 million imposed by the court below is too unfilled and unreasonable.

2. The Korean Criminal Procedure Act, which takes the principle of trial priority and the principle of directness, should respect the determination of sentencing in cases where there exists a unique area of the first instance court, compared to the first instance court, there is no change in the conditions of sentencing, and the first instance court’s sentencing does not deviate from the reasonable scope of discretion.

(2) The Prosecutor’s assertion is without merit, on the grounds that the Defendant’s argument is unreasonable, in light of the following circumstances: (a) the Defendant’s punishment was deemed to have been imposed for violent crimes on several occasions; (b) the Defendant committed the instant crime without being aware of the period of repeated crime; (c) the Defendant recognized the instant facts charged; and (d) the degree of obstruction of the performance of official duties of the Defendant is not serious; and (c) the Defendant’s age, character and conduct, environment, family relationship, circumstances after the commission of the instant crime, and all the sentencing conditions indicated in the instant records and arguments, such as the Defendant’s age, character and conduct, family relationship, and circumstances after the commission of the crime.

3. The prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act, and it is so decided as per Disposition.