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(영문) 대구지방법원 2017.10.20 2017노33
공무집행방해
Text

The prosecutor's appeal is dismissed.

Reasons

1. The sentence (4 million won in penalty) that the court below rendered 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 is a case of assaulting the left face of a police officer dispatched one time after receiving a report by the defendant 112, and 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 such as this case requires strict punishment, the degree of interference with the performance of official duties is not easy, and the defendant did not receive a letter from the victimized police officer.

However, considering the following factors: (a) the Defendant led to the confession of the instant crime while committing the instant crime; (b) the Defendant appears to have committed the instant crime in a contingent manner while under the influence of alcohol; and (c) the Defendant is deemed to have committed the instant crime in consideration of the Defendant’s age, sex, criminal conduct, environment, motive and background leading to the instant crime, means and consequence, and all of the sentencing conditions indicated in the instant case’s records and changes theory, including equity in sentencing with similar cases in favor of the fact that there was no past record of criminal punishment prior to the instant case; and (b) the Defendant does not seem to have been unfair since the sentence imposed by

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 prosecutor's appeal is without merit. It is so decided as per Disposition.

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