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(영문) 대구지방법원 2018.09.21 2018노1288
공무집행방해
Text

All appeals filed by the prosecutor against the Defendants are dismissed.

Reasons

1. The summary of the grounds for appeal that the court below rendered is unreasonable because each of the punishments imposed by the court below (a fine of 1.5 million won, a fine of 2 million won, and a fine of 2.0 million won) is too unhued.

2. In order to establish the legal order of the judgment state and eradicate the light of the public authority, there is a need to strictly punish the crime that interferes with the performance of official duties, such as the instant case, and the Defendants did not receive a letter from the victimized police officer, and the Defendants A assaulted the victimized police officer even after the arrest of the current offender, and the nature of the crime is not good, which is disadvantageous to the Defendants.

On the other hand, the fact that the Defendants recognized each of the crimes in this case and against their mistake, the degree or result of the crime is relatively excessive, and the Defendant A is the primary offender, and Defendant B has no particular criminal history in addition to the punishment once by assaulting, etc.

In addition, there are no special circumstances or changes in circumstances that may be newly considered after the pronouncement of the judgment below, and considering the following: (a) the Defendants’ age, sex, environment, motive and circumstance of the crime, and all of the sentencing conditions stated in the instant records and the previous theories, such as the circumstances after the crime, etc., each sentence imposed by the court below is too unfeasible and unreasonable.

Therefore, prosecutor's assertion is without merit.

3. In conclusion, the prosecutor's appeal against the defendants is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act, since all of the appeals against the defendants are without merit. It is so decided as per Disposition.

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