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(영문) 대구지방법원 2019.01.18 2018노3657
공무집행방해
Text

All appeals filed by prosecutors and defendants are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The sentence imposed by the court below on the defendant (the fine of 5,000,000 won) is too unhued and unfair.

B. The sentence imposed by the Defendant by the lower court is too unreasonable.

2. We also examine the judgment and the Defendant’s respective arguments on unreasonable sentencing.

The crime of this case is likely to be committed by a large number of opposing people who want to hold a resident briefing session related to the installation B, and it is likely that they interfere with the duties of police officers in order to protect D and D by exercising direct tangible power, and the nature of the crime is bad.

However, in full view of the following circumstances: (a) the Defendant recognized the instant crime, against whom the Defendant appears to have violated the Automobile Management Act, and is deemed not to have exercised strong tangible power; and (b) there are no criminal records except for those punished by a fine in violation of the Automobile Management Act; and (c) the Defendant’s age, character, conduct, environment, family relationship, motive, circumstances, means and consequence of the instant crime, and all the conditions of sentencing specified in the records and pleadings, such as circumstances after the commission of the crime, etc., there is no ground to view that the lower court’s punishment imposed on the Defendant was deemed to have exceeded reasonable bounds of discretion

Therefore, as the prosecutor asserts that the sentence imposed by the court below is too uneasible and unfair.

However, the prosecutor and the defendant's above assertion are without merit, since they cannot be deemed improper because they are too large as alleged by the defendant.

3. In conclusion, the appeal filed by the defendant and the prosecutor is without merit, and all of them are dismissed in accordance with Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition.

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