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(영문) 대구지방법원 2016.10.26 2016노1376
공무집행방해
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (a fine of two million won) declared by the lower court is too unhued and unreasonable.

2. The judgment was examined. The crime of this case was committed against the police officer who was called for after the defendant's uniform; the chest was sealed; the crime of this case was committed against the police officer; the crime of this case was committed against the buckbbbbs that interfered with the performance of official duties; the defendant was punished by a fine not exceeding two times; the defendant was found guilty of the crime of this case; on the other hand, it is hard to see that the defendant recognized the facts charged of this case and is serious in the exercise of the violent crime of this case; the defendant did not have any criminal record exceeding the same obstruction of the performance of official duties or fine; the defendant was receiving hospitalized treatment; the defendant was receiving hospital treatment after the dependence on alcohol use; the defendant's age, character and conduct, environment, family relations, circumstances after the crime was committed, etc.; thus, the prosecutor's assertion is without merit.

3. In conclusion, the prosecutor's appeal 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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