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(영문) 대구지방법원 2016.10.28 2016노3552
공무집행방해
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (a fine of two million won) declared by the lower court is too unhued and unreasonable.

2. We examine the judgment. Although the crime of this case was committed under the circumstances unfavorable to the defendant, such as the fact that the defendant takes a bath against the police officer who called for the defendant in her uniform and interfered with the performance of official duties, it cannot be deemed that the case was somewhat weak, the prosecutor's assertion is without merit, on the other hand, that the defendant recognized the facts charged of this case and reflects against the defendant, and that the degree of the exercise of the violent act of this case is difficult to be deemed more severe. The defendant is the first offender without any previous conviction, and other various sentencing conditions specified in the records and arguments of this case, such as the defendant's age, character and behavior, environment, family relationship, etc., are considered as being too unjustifiable. Thus, the 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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