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(영문) 대구지방법원 2016.05.25 2015노3747
공무집행방해
Text

All appeals by the defendant and the prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The punishment sentenced by the lower court (4 million won) is too unreasonable.

B. The above sentence declared by the prosecutor by the court below is too unhued and unreasonable.

2. As to each of the unlawful arguments of sentencing by the Defendant and the prosecutor, it is recognized that there is no particular criminal history except a fine of KRW 1,500,000 due to a violation of the Road Traffic Act (dacting driving) around 200, the Defendant and the prosecutor committed the crime of this case, and that police officers are taking the Defendant’s seat in consultation with the police officer.

However, considering the fact that the crime of this case was committed by assaulting a police officer who performed official duties and obstructing the performance of official duties, it is necessary to punish the police officer strictly in light of the recent public authority, and in light of the defendant's age, sexual conduct, environment, motive, means and consequence of the crime of this case, all of the sentencing conditions stated in the argument of this case such as the defendant's age, sexual behavior, environment, motive, means and consequence after the crime of this case, it cannot be deemed that the sentence imposed by the court below is appropriate, and it is too heavy or too unreasonable.

Therefore, each of the above arguments by the defendant and the prosecutor is without merit.

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

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