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(영문) 대구지방법원 2019.01.09 2018노3945
공무집행방해
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (a fine of three million won) declared by the lower court is too unhued and unreasonable.

2. In order to establish the legal order of the judgment state and eradicate the light view of the public authority, there is a need to strictly punish the crime of obstruction of performance of official duties, such as the instant case, and the fact that the Defendant was unable to take advantage of the victimized police officer is disadvantageous to the Defendant

On the other hand, the fact that the defendant recognized the crime of this case and divided his mistake into two crimes, the fact that there is no particular criminal power except the suspended sentence for the crime of this case, and the fact that the degree of obstructing police officers from performing their official duties is relatively minor is favorable to the defendant.

In addition, there is no special circumstance or change of circumstances that can be newly considered after the sentence of the lower judgment, and considering the following factors, such as the Defendant’s age, character and conduct, environment, motive and circumstance of the crime, and circumstances after the crime, the sentence that the lower court sentenced is too uneasible and unreasonable.

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

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