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(영문) 대구지방법원 2017.05.26 2016노4653
공무집행방해
Text

The prosecutor's appeal is dismissed.

Reasons

1. The sentence (five million won in penalty) that the court below rendered by the court below on the gist of the grounds of appeal is too unhutiled and unreasonable.

2. The crime of this case is a case of assaulting a police officer who takes the salary of a police officer who was dispatched after receiving a report by the Defendant, and prevents him from taking the salary of the police officer, and thus, the nature of the crime is not good. In order to establish the legal order of the State and eradicate the light of public authority, the crime of obstructing the performance of official duties, such as this case, requires strict punishment, the degree of interference with the performance of official duties, and the fact that the degree of interference with the performance of official duties, and the fact that the victim did not receive a letter, are disadvantageous circumstances.

However, it is more favorable to the Defendant’s confession of the instant crime, and the Defendant’s mental illness, such as the Defendant’s physical disorder, seems to have had an impact on certain degree of the instant crime. The Defendant has no record of identical crimes, no record of criminal offense exceeding the fine, and his family members have complained of 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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