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(영문) 대구지방법원 2017.11.03 2016노3808
공무집행방해등
Text

The prosecutor's appeal is dismissed.

Reasons

1. The decision of the court below on the gist of the grounds for appeal (three years of suspended sentence in six months of imprisonment) is unfair because it is too unfasible.

2. Each of the crimes of this case in order to establish the legal order of the State and eradicate the public power, the crime of interference with the execution of official duties such as this case requires strict punishment, the defendant did not receive any instruction from the victims, and the defendant committed each of the crimes of this case even though he had been punished several times, with the records of punishment for the crime related to violence including the same kind of crime.

However, in light of the favorable circumstances such as the Defendant’s confession at an investigative agency of each of the instant crimes, and the Defendant appears to have committed each of the instant crimes in a contingency while under the influence of alcohol. Each of the instant crimes is in the relationship between the crime of injury and obstruction of duties, and the crime of interference with another’s concurrent crimes after Article 37 of the Criminal Act, and thus, consideration of equity in the case where a judgment has been rendered at the same time, and other factors of sentencing as indicated in the records and theories of this case, such as the Defendant’s age, sex and behavior, environment, motive and background leading to the instant crime, means and consequence of the instant crime, and the circumstances after the commission of the crime, etc., it cannot be deemed unfair since the sentence imposed by the lower court is unfeasible.

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

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