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(영문) 대구지방법원 2016.11.25 2016노3187
공무집행방해
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (a fine of seven million won) declared by the court below is too unhued and unreasonable.

2. It is recognized that the instant crime committed by the Defendant committed the instant crime without being aware of the fact that the Defendant committed the instant crime while assaulting a police officer in the course of performing official duties and obstructing the performance of official duties, and that it is necessary to strictly punish the Defendant in light of the recent situation of public authority, and that the Defendant was punished several times due to violent crimes, etc., and that the Defendant committed the instant crime without being aware of the period of suspension of execution

However, considering that the Defendant’s mistake is deeply divided, the Defendant did not have any record of being punished for the same kind of crime, the Defendant’s age, character and conduct, environment, motive, means and consequence of the instant crime, and all of the sentencing conditions stated in the pleadings of the instant case, such as the circumstances after the instant crime, it is not recognized that the lower court’s punishment is too uneasible and unreasonable.

Therefore, prosecutor's assertion is without merit.

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

(However, the application of the law in the judgment of the court below is clear that the "paragraph (1)" was erroneously omitted after the "Article 70 of the Criminal Act" in the Nowon-gu Detention Clause, and such addition is made ex officio in accordance with Article 25 (1) of the Rules on Criminal Procedure.

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