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(영문) 대구지방법원 2016.12.15 2016노3417
공무집행방해등
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (e.g., a fine of five million won) of the lower court is too unhued and unreasonable.

2. The Defendant’s crime of this case committed by assaulting two police officers dispatched upon receipt of the report to interfere with legitimate performance of official duties, and the Defendant’s act of inflicting bodily injury on F by the police officer in the process is not considered to be disadvantageous to the Defendant.

On the other hand, the defendant acknowledges the crime of this case and reflects his mistake, the degree of tangible power exercised by the defendant or the degree of injury does not seem to be serious, and the defendant has no record of criminal punishment for the last ten years, etc. are favorable to the defendant.

Considering the above circumstances and other circumstances, such as the character, conduct, environment, motive, means and consequence of the crime, the circumstances after the crime, etc. of this case and the conditions for sentencing as shown in the arguments, the sentence of the court below is deemed appropriate as a sentence within the scope of the discretion of sentencing.

Therefore, prosecutor's assertion is without merit.

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

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