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(영문) 대구지방법원 2018.05.10 2017노4959
공무집행방해
Text

The prosecutor's appeal is dismissed.

Reasons

1. The sentence (five million won in penalty) that the court below rendered by the court below on the gist of the grounds of appeal is too unhutiled and unreasonable.

2. The lower court rendered the above sentence considering the following circumstances: (a) the Defendant requested the dispatch of an ambulances for the convenience of individuals, not in an emergency situation; (b) the Defendant refused the above request and assaulted the 119 first-aid crew members seeking their return to the said request, thereby obstructing the duties of the 119 first-aid staff members in need of urgent measures such as “emergency medical treatment and emergency escort”; (c) the Defendant’s mistake is divided into each other, and the Defendant reflects the fact that he was sentenced to a fine for violent crime in 193; and (d) the Defendant was sentenced to the above punishment by taking into account the favorable circumstances, except that he was sentenced to a fine for violent crime in around 193.

Even when taking into account the unfavorable circumstances of the Defendant’s poor quality of the crime, the Defendant’s assault was only one time and the degree of the assault was relatively excessive; the lower court did not change any circumstances that may change the sentencing of the lower court in addition to the unfavorable circumstances in light of the aforementioned consideration; the Defendant’s age, sex, environment, circumstances leading up to the Defendant’s crime, means and consequence, scale of the crime, circumstances after the crime, etc.; and the lower court’s sentencing judgment exceeded the reasonable bounds of its discretion, in full view of all the sentencing conditions, such as the following:

There are no circumstances such as evaluation or maintenance of it is deemed unfair (see Supreme Court Decision 2015Do3260, Jul. 23, 2015). Therefore, as asserted by a prosecutor, the lower court’s sentencing cannot be deemed unfair as it is so unreasonable to the extent that the lower court ought to be reversed.

3. In conclusion, 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.

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