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(영문) 대구지방법원 2016.04.08 2014노4191
공무집행방해
Text

The prosecutor's appeal is dismissed.

Reasons

1. The sentence (3 million won in penalty) declared by the court below on the gist of the grounds of appeal is deemed to be too unhutiled and unfair.

2. The crime of this case was committed under the influence of alcohol by the Defendant, who was sent to the Environment U.S.S. Board upon receiving a report, and took a desire to return home to the victimized police officer who was under the influence of alcohol, and repeated actions to prevent the Defendant from going to the front of the patrol police officer, and thus, the nature of the crime is not good. In order to establish the State's legal order and to eradicate the light of public authority, the crime of interference with the performance of official duties like this case requires strict punishment. However, the Defendant is against the Defendant’s confession, and the degree of damage is a crime committed by drunk, the degree of damage suffered by the victimized police officer is relatively minor, and there is no record of punishment exceeding a fine, and the Defendant’s age, sex, environment, motive and circumstance leading to the crime of this case, the motive and circumstance leading to the crime of this case, as well as the record and circumstances after the crime of this case are considered, and thus, the court below’s allegation that the above punishment of this case is unreasonable.

3. In conclusion, the prosecutor’s appeal is dismissed in accordance with Article 364(4) of the Criminal Procedure Act, and it is so decided as per Disposition.

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