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(영문) 대구지방법원 2015.05.29 2014노2276
공무집행방해
Text

All appeals by the prosecutor and the defendant are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The sentence imposed by the Prosecutor (three million won of a fine) is too unhued and unreasonable.

B. The sentence imposed by the lower court is too unreasonable.

2. As to each argument of the public prosecutor and the defendant, the defendant reflects the mistake while making a confession of the crime of this case, there is no past record of criminal punishment exceeding the previous or fine, the degree of damage of the victimized police officer is relatively minor, and the crime of this case is deemed to have been committed contingently under the influence of alcohol, while the crime of obstruction of performance of official duties like this case requires strict punishment in order to establish the state's legal order and eradicate public peace. The crime of this case requires strict punishment. The crime of this case is committed under the unfavorable circumstances such as the defendant's refusal to comply with the legitimate demand of the victimized police officer who is performing official duties and subsequent assault, and the nature of the crime is not good, other unfavorable circumstances such as the defendant's age, character and behavior, environment, motive, means and consequence of the crime of this case, the circumstance after the crime of this case, etc. are considered, and thus, it cannot be deemed that the punishment imposed by the court below is unreasonable or unreasonable. Thus, all of the prosecutor and the defendant's assertion are without merit.

3. In conclusion, since the appeal by the prosecutor and the defendant is without merit, all of them are dismissed in accordance with Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition.

However, pursuant to Article 25(1) of the Rules on Criminal Procedure, the term "Article 70 and Article 69(2) of the Criminal Act" of "Article 70 and Article 69(2) of the former Criminal Act" shall be amended as "Articles 70 and 69(2) of the former Criminal Act" in the application of the law of the court below ex officio pursuant to Article 25(1) of the Rules on Criminal Procedure.

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