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(영문) 대구지방법원 2017.10.27 2017노328
공무집행방해
Text

The prosecutor's appeal is dismissed.

Reasons

1. The sentence (3 million won in penalty) declared by the court below on the gist of the grounds of appeal is deemed to be too unhutiled and unfair.

2. The crime of this case is an unfavorable circumstance where the Defendant, while under the influence of alcohol, takes a bath to a police officer who was dispatched after receiving a report on 112 and did an assault, and the nature of the crime is not good. In order to establish the State’s legal order and eradicate the light of public authority, the crime of interference with the performance of official duties, such as this case, needs to be punished.

However, it is advantageous to the following: (a) the Defendant made confession of the instant crime while committing the instant crime; (b) the Defendant appears to have reached the instant crime contingent; (c) the degree of interference with the performance of official duties is not significant; (d) the Defendant did not want the punishment of the Defendant; (c) the Defendant did not have any record of the same crime; (d) the Defendant did not have any record of the same crime; (e) the Defendant did not have any criminal record exceeding the fine; and (e) the Defendant’s wife

In light of the above circumstances, including equity in sentencing with the same and similar cases as above, and all other factors of sentencing as indicated in the records and arguments of this case, such as the Defendant’s age, sex, environment, motive and background leading up to the instant crime, means and consequence thereof, the circumstances after the instant crime, etc., the sentence imposed by the lower court does not seem to be unfair and unfair.

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 prosecutor's appeal is without merit. It is so decided as per Disposition.

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