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(영문) 대구지방법원 2016.12.22 2016노3250
공무집행방해
Text

The prosecutor's appeal is dismissed.

Reasons

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

2. The Defendant’s crime of this case was committed by assaulting a police officer dispatched after receiving a 112 report, thereby obstructing the legitimate performance of official duties, and is disadvantageous to the Defendant.

On the other hand, the fact that the defendant is a primary offender who has no particular criminal record, and the degree of tangible power exercised by the defendant does not seem to be significant, and the fact that the defendant recognized the crime of this case and reflected his mistake 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 of sentencing as shown in the records and arguments, the sentence against the defendant by the court below is deemed appropriate as a punishment 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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