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(영문) 대구지방법원 2019.09.06 2019노1296
상해등
Text

All appeals filed by the prosecutor against the Defendants are dismissed.

Reasons

1. The main points of the grounds for appeal are as follows: Each sentence of the lower court (two years of suspended sentence in the amount of a fine of KRW 3 million, two years of suspended sentence in the amount of a fine of KRW 2 million, and two years of suspended sentence in the amount of a fine of KRW 2 million) against the Defendants.

2. The fact that the nature of the crime is very bad in light of the background of each of the instant crimes, the form of the act, the means of the crime, etc., and in particular, in order to establish the state’s legal order and eradicate the light of public authority, there is a need to strictly punish the crimes of obstruction of performance of official duties.

However, in full view of all the favorable circumstances, such as the Defendants’ wrongness and failure to repeat the crime, damage recovery and agreement against the injured victim was made, police officers who did not want the punishment against the Defendants, the Defendants did not want to receive criminal punishment in the Republic of Korea, the Defendants’ age, character and conduct, environment, and circumstances after the crime, etc., and other circumstances that are the conditions for sentencing specified in the instant pleadings, such as the Defendants’ age, character and behavior, environment, and circumstances after the crime, it cannot be deemed that the lower court’s punishment against the Defendants is too unreasonable to the extent that it exceeds the reasonable scope of discretion.

3. The prosecutor's appeal against the defendants is without merit, and all of them are dismissed under Article 364 (4) of the Criminal Procedure Act.

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