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(영문) 대전지방법원 2017.06.01 2017노13
공무집행방해
Text

The prosecutor's appeal is dismissed.

Reasons

1. The sentence (2,00,000 won) pronounced by the lower court on the gist of the grounds of appeal is too unfasible and unreasonable.

2. The crime of this case is deemed to have been committed by a police officer who had a legitimate duty while performing his/her duty, and the crime of this case is deemed to have been committed in bad character.

However, in full view of the following factors: (a) the Defendant recognized the instant crime; (b) the Defendant reflects his mistake; (c) the Defendant deposited KRW 1 million for the police officers who suffered damage in the trial of the Party; (d) the Defendant has no record of criminal punishment; and (e) other factors of sentencing indicated in the records and theories of the instant case, such as the Defendant’s age, sex, environment, motive, means and consequence of the instant crime; and (e) the circumstances after the commission of the crime, etc., the sentence of the lower court against the Defendant is too unaffortable

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 appeal is without merit. It is so decided as per Disposition.

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