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(영문) 대구지방법원 2016.02.24 2015노675
공무집행방해등
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 unfilled and unreasonable.

2. Under our criminal litigation law taking the principle of court-oriented trials and the principle of direct determination, where there exists no change in the conditions of sentencing compared to the first instance court, and the first instance court does not deviate from the reasonable scope of discretion, it is reasonable to respect the determination of sentencing (see Supreme Court Decision 2015Do3260, Jul. 23, 2015). The instant crime was committed by the Defendant under the influence of alcohol, thereby obstructing police officers from performing their duties by assaulting the taxi engineer and putting in uniform.

Although it is not possible to see that the defendant recognized the facts charged in this case and is in profoundly against the defendant, and the degree of interference with the execution of official duties and violence is 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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