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(영문) 대구지방법원 2019.01.18 2018노3729
공무집행방해
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal that the court below sentenced the defendant to the penalty (three million won of a fine) is too unhued and unfair.

2. The instant crime committed by the Defendant upon receiving a 112 report and obstructing the performance of duties by assaulting the police officer, and there is a need to strictly punish the instant crime of obstruction of performance of official duties, such as the instant case, in order to establish the state’s legal order and to eradicate the light of public authority, and the Defendant’s failure to receive a letter from the victimized police officer.

However, it is also recognized that the defendant's mistake and reflects the defendant's mistake, the disabled of grade 6 of the delay disability, there are no criminal records exceeding the same kind and fine, and the degree of violence against police officers is relatively weak.

In addition, in full view of various circumstances, such as the Defendant’s age, character and conduct, environment, family relationship, motive and background of the offense, means and consequence, etc., it is not recognized that the sentence imposed by the lower court is too uneasible and unfair.

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

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