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(영문) 대구지방법원 2017.02.03 2016노4326
공무집행방해
Text

The prosecutor's appeal is dismissed.

Reasons

1. The sentence (3 million won in penalty) declared by the court below on the gist of the grounds of appeal is deemed to be too unhutiled and unfair.

2. It is recognized that the instant crime was committed by assaulting a police officer who performed official duties and obstructing the performance of official duties by the Defendant, and that there is a need to strictly punish the Defendant in light of the recent situation of public power.

However, considering the following factors: (a) the Defendant’s mistake is divided; (b) there is no record of criminal punishment; (c) the Defendant received a letter from the victimized police officer; and (d) the Defendant’s age, sexual conduct, environment, motive, means and consequence of the instant crime; and (c) all of the sentencing conditions specified in the instant argument, such as the circumstances after the instant crime, it is not recognized that the lower court’s punishment is too unjustifiable and unfair.

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 on the grounds that the appeal is without merit. It is so decided as per Disposition.

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