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(영문) 대구지방법원 2015.07.15 2014노4655
공무집행방해
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal is unreasonable because the punishment of 10 months of imprisonment, 2 years of suspended execution, and 160 hours of community service, which was declared by the court below, is too uneased.

2. Although it is recognized that there is a need to strictize the crimes of obstruction of performance of official duties in order to protect the legitimate performance of duties and to establish a sound social order, the prosecutor’s assertion is without merit, given that the defendant recognized the crimes of this case and violates the depth of the defendant, there is no record of sentence imposed on the defendant, and considering all the sentencing conditions specified in the records and arguments of this case, including the defendant’s age, character and conduct, environment, family relationship, and circumstances after the crime, etc., the court below’s punishment is too unjustifiable and unreasonable.

3. 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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