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(영문) 대구지방법원 2016.05.20 2015노3560
공무집행방해
Text

The prosecutor's appeal is dismissed.

Reasons

1. The sentence (3 million won in penalty) declared by the court below on the gist of the grounds of appeal is deemed to be too unhutiled and unfair.

2. The crime of this case, which is determined by the judgment, shall be taken by the police officer who wears his uniform, and the crime of this case shall not be deemed to be less than that of assaulted by bucking with his hand floor.

However, the defendant has no record of criminal punishment for the first offense, and both of the crimes of this case are recognized, and his depth is divided.

In addition, the degree of violence inflicted by the defendant is not hot, and the damaged police officer is also the defendant's wife.

In addition, comprehensively taking account of the various circumstances such as the Defendant’s age, sex, environment, motive, means and consequence of the instant crime, and the circumstances after the crime, it is not recognized that the sentence imposed by the lower court is too uneasible and unfair.

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

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