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(영문) 대구지방법원 2017.01.20 2016노2954
공무집행방해
Text

The prosecutor's appeal is dismissed.

Reasons

1. The sentence of a fine of KRW 3.5 million imposed by the court below is too unfilled and unreasonable.

2. Although it is recognized that the Defendant, who had multiple judgments, committed the instant crime again during the period of repeated crime due to interference with the performance of the same kind of official duties, etc., he/she is found to have committed the instant crime. Meanwhile, the Defendant recognized the instant facts charged and reflects his/her mistake in depth, the Defendant: (a) was slicker to a police officer; (b) it appears that the police officer in fact did not meet the requirements at the time; (c) the Defendant appears to have committed the instant crime by contingency under the influence of alcohol; and (d) the Defendant appears to have committed the instant crime by contingency; and (e) taking into account all the sentencing conditions in the instant records and arguments, such as the Defendant’s age, sex, environment, family relationship, circumstances after the crime, etc., the Prosecutor’s assertion is without merit, and thus, it is not recognized that the sentence of the lower court is too unreasonable.

3. In conclusion, the prosecutor’s appeal is dismissed in accordance with Article 364(4) of the Criminal Procedure Act, and it is so decided as per Disposition.

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