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(영문) 대구지방법원 2016.08.24 2016노52
공무집행방해
Text

The prosecutor's appeal is dismissed.

Reasons

1. The sentence of a fine of KRW 2 million imposed by the court below is too unhued and unreasonable.

2. In light of the judgment, although the case of the crime of this case is not less than that of the crime of this case, the defendant recognized the facts charged of this case and reflects his mistake in depth, and the degree of the use of the violence of this case is more serious.

In light of the facts that it is difficult to see the Defendant’s primary offender without any previous criminal record, and other various conditions of sentencing as indicated in the records and arguments of this case, such as the Defendant’s age, sex, environment, family relationship, and circumstances after the crime, the lower court’s punishment is too uneasible and unreasonable. Therefore, the Prosecutor’s assertion is without merit.

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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