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(영문) 대구지방법원 2017.04.21 2016노4408
공무집행방해
Text

The prosecutor's appeal is dismissed.

Reasons

1. The sentence of a fine of KRW 3 million imposed by the court below is too uneased and unreasonable.

2. The judgment of the court below is deemed that the criminal liability for the crime of this case is not weak by taking into account the following facts: although it is acknowledged that the defendant’s motive for the victimized police officers and exercising violence, the defendant recognized the facts charged and reflects his mistake; the defendant is the first offender without any previous conviction; the degree of the assault of this case is not particularly heavy; and other sentencing conditions specified in the records and arguments of this case, such as the defendant’s age, sex, behavior, environment, family relationship, circumstances after the crime, etc., are not deemed unfair because the sentence of the court below is too uneasible. Thus, 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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