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(영문) 대구지방법원 2018.03.09 2017노4958
공무집행방해등
Text

The prosecutor's appeal is dismissed.

Reasons

1. The main point of the grounds for appeal is that the sentence (4 million won in penalty) imposed by the court below on the defendant is too unhued and unfair.

2. The judgment of the defendant is an unfavorable circumstance to the defendant that he/she was faced with a steel product and damaged the property, and assaulted the police officer dispatched after receiving a report, thereby obstructing the performance of official duties.

However, the fact that the defendant divided the defendant's wrong and reflects the defendant's wrong, the fact that there is no other force of punishment except the criminal punishment of three times due to drinking driving by 2010, and the fact that the damage is relatively minor (the victim of property damage agreed with the victim of property damage) is more favorable.

In addition, comprehensively taking account of the Defendant’s age, sex, environment, family relationship, circumstances leading to the Defendant’s crime, means and consequence, and all the conditions of sentencing as shown in the instant records and pleadings, such as the circumstances after the commission of the crime, the sentence imposed by the lower court is appropriate and the lower court’s judgment exceeded the reasonable bounds of discretion.

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

Therefore, the prosecutor's 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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