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(영문) 대구지방법원 2016.09.30 2016노1418
공무집행방해
Text

The prosecutor's appeal is dismissed.

Reasons

1. The decision of the court below on the gist of the grounds of appeal (two years of suspended execution of imprisonment for six months, sixty hours of community service, and forty hours of lectures for violent treatment) is too unfased and unreasonable.

2. It is recognized that the crime of this case was committed by assaulting a police officer who performs official duties and obstructing the performance of official duties, and that there is a need to strictly punish the defendant in light of the recent situation of public authority, and that the defendant has been sentenced to a fine throughout the tens of times due to violent crimes, etc., and in particular, the defendant committed the crime of this case without being aware of the fact that he committed the crime of this case in the same court as the crime of the same kind.

However, considering all of the sentencing conditions stated in the pleadings of this case, such as the Defendant’s age, sexual conduct, environment, motive, means and consequence of the instant crime, etc., the Defendant is deemed to have committed the instant crime in depth, contingently, and the degree of assault is not serious, and the degree of assault is not serious, and the Defendant’s age, sexual conduct, environment, motive, means and consequence of the instant crime, etc., it is not recognized that the lower court’s punishment is too uneasible and unfair

Therefore, 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 on the grounds that the appeal is without merit. It is so decided as per Disposition.

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