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(영문) 대구지방법원 2017.11.29 2017노4255
공무집행방해
Text

The prosecutor's appeal is dismissed.

Reasons

1. The court below's decision to suspend the sentence against the defendant is too unfortunate and unfair.

2. Interference with the performance of official duties, such as the instant case, requires strict punishment as an offense prejudicial to the function of the State by nullifying a legitimate exercise of public authority.

However, in full view of the favorable circumstances such as the defendant's mistake and reflects in depth, that there is no criminal history against the defendant, that there is no gravity of violence, that is, the police officer does not want the punishment of the defendant, and the age, sex, sex, environment, family relationship, circumstances leading to the crime, means and consequence, etc. of the defendant's age, sex, family relationship, circumstances leading to the crime, and all the sentencing conditions shown in the records and arguments of this case, such as the circumstances after the crime, it is appropriate to have suspended the sentence of the defendant, and the sentencing judgment of the court below exceeded the reasonable limit of discretion.

There are no circumstances such as evaluation or maintenance of it is deemed unfair.

Therefore, the prosecutor's above assertion is without merit, since the court below's punishment is too unfasible.

3. In conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the appeal is without merit. It is so decided as per Disposition.

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