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(영문) 대구지방법원 2017.10.26 2017노2507
공무집행방해
Text

All appeals by the defendant and the prosecutor are dismissed.

Reasons

1. The defendant asserts that, with respect to the punishment (4 million won in penalty) declared by the court below, the defendant is too unfasible, and the prosecutor is too unfased and unfair.

2. It is recognized that the Defendant’s perception of the commission of the crime reflects the wrongness, and that the degree of violence and obstruction of the performance of official duties is not much serious.

However, in full view of all the sentencing conditions, including the Defendant’s age, sex, environment, occupation, and circumstances after the crime, even though the Defendant had been already punished several times, including the suspension of sentence for violent crimes such as damage to public goods, the Defendant committed the crime in this case again, and the crime obstructing the performance of official duties requires strict punishment for the establishment of public authority and the protection of legal order, and other factors such as the Defendant’s age, sex, environment, occupation, and circumstances after the crime, the sentence imposed by the lower court is deemed appropriate and it is not deemed unfair because it is too

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

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