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(영문) 대구지방법원 2017.06.14 2016노5780
공무집행방해
Text

All appeals filed by prosecutors and defendants are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The sentence imposed by the prosecutor (3 million won) by the court below is too unhued and unfair.

B. The sentence imposed by the lower court is too unreasonable.

2. The crime of this case is deemed to obstruct the legitimate execution of official duties by assaulting a police officer dispatched by the defendant upon receipt of a report 112, and the nature of the crime is not good.

However, in full view of all the conditions of sentencing as shown in the records and arguments of this case, such as the fact that the defendant committed the crime of this case seriously and seriously reflects the fact that the damaged police officer wants to take the defendant's seat against the defendant, the fact that the defendant still has no record of committing any crime by his age students, and other conditions of sentencing as shown in the records and arguments, such as the character and conduct of the defendant, the environment, the motive and circumstances of the crime, and the circumstances after the crime, it cannot be said that the sentence imposed by the court below is too weak or unreasonable, and therefore, both the prosecutor and the defendant's assertion is

3. If so, the appeal by the prosecutor and the defendant is without merit. Thus, all of the appeals by the prosecutor and the defendant are dismissed in accordance with Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition.

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