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(영문) 대구지방법원 2016.12.22 2016노2317
공무집행방해
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (e.g., a fine of 6 million won) of the lower court is too unhued and unreasonable.

2. The instant crime was committed against police officers who received 112 reports and sent out, and the police officers, among police officers dispatched, take the right bridge of F’s direction, and obstructed legitimate performance of official duties, and thus, cannot be said to be disadvantageous to such crime. The Defendant’s criminal records are high criminal punishment, and there are many records of punishment for violent crimes, which are disadvantageous to the Defendant.

On the other hand, the defendant recognized the crime of this case and reflected his mistake, and the defendant did not have any record of committing obstruction of performance of official duties, such as the crime of this case, is favorable to the defendant.

Considering the above circumstances and other circumstances, such as the character, conduct, environment, motive, means and consequence of the crime, the circumstances after the crime, etc. of this case and the conditions for sentencing as shown in the records and arguments, the sentence of the court below is deemed appropriate as a sentence within the scope of the discretion of sentencing.

Therefore, prosecutor's assertion is without merit.

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

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