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(영문) 대구지방법원 2016.12.02 2016노3576
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 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, in light of the following: (a) the Defendant led to the confession of the crime and divided his mistake into one another; (b) the Defendant did not have any particular criminal force other than the sentenced to a fine of KRW 3.5 million due to a drunk driving in 2014; and (c) there was no record of being punished for the same kind of crime; (d) the degree of assault was not limited; and (e) the Defendant’s age, character and conduct, environment, motive, means and consequence of the instant crime; and (e) all of the sentencing conditions specified in the pleadings of the instant case, such as the circumstances after the commission of the

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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