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(영문) 대구지방법원 2018.10.05 2018노1724
공무집행방해
Text

All appeals by the defendant and the prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The sentence (4 million won) imposed by the lower court on the Defendant is too unreasonable.

B. The above sentence imposed by the prosecutor by the court below on the defendant is too unhued and unfair.

2. The crime of this case is acknowledged that the Defendant committed an assault and interfered with the execution of duties by a police officer dispatched after receiving a report of 112, and there is a need to strictly punish the crime of interference with the performance of official duties, such as this case, in order to establish the state’s legal order and to eradicate the light of public authority, and that the Defendant has a total of 18 criminal punishment, including the punishment, etc.

However, it is also recognized that the defendant's recognition of the crime of this case is against the age of 71, the age of 71, and the beneficiary of basic living seems to have difficulty in economic situation, and there is no record of criminal punishment for the last ten years.

In addition, in full view of the various circumstances, such as the character, conduct, environment, family relationship, motive and background of the crime, means and consequence of the crime, and the circumstances after the crime, and there are no special circumstances or changes in circumstances that may change the sentencing of the court below after the judgment of the court below, it is not recognized that the punishment imposed by the court below is too heavy or unreasonable.

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

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