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(영문) 대구지방법원 2017.11.17 2017노1581
공무집행방해
Text

The prosecutor's appeal is dismissed.

Reasons

1. The sentence (one 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. The crime of this case is an act of assaulting a police officer dispatched after receiving a report of 112 under the influence of alcohol by the Defendant. The nature of the crime is not good, and in order to establish the legal order of the State and eradicate the light of public authority, the crime of obstructing the performance of official duties, such as this case, need to be punished strictly.

However, it is advantageous to the following: (a) the Defendant made a confession of the instant crime while committing the instant crime; (b) the Defendant appears to have reached the instant crime contingent; (c) the degree of interference with the performance of official duties is not severe; (d) the victimized police officer does not have to impose a punishment against the Defendant; (e) the Defendant deposited KRW 2 million with the damaged police officer as a person who was commissioned to the police officer to commit the instant crime to recover damage; (c) the Defendant did not have any record of the same crime; (d) the Defendant did not have any criminal record; (e) the Defendant’s workplace fees are complaining of the wife; and (e) the

Considering the above circumstances and other circumstances, the Defendant’s age, sex, environment, motive and background leading to the instant crime, its means and consequence, etc., and all of the sentencing conditions indicated in the instant case records and arguments, it cannot be deemed unfair because the sentence imposed by the lower court is uneasible and unfair.

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 prosecutor's appeal is without merit. It is so decided as per Disposition.

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