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(영문) 대구지방법원 2017.05.26 2016노3766
공무집행방해등
Text

The prosecutor's appeal is dismissed.

Reasons

1. The decision of the court below on the summary of the grounds for appeal (the imprisonment of six months, the suspension of the execution of two years, the fine of 500,000 won, the community service for forty hours, and the lecture attendance order for violence treatment of forty hours) is deemed to be too uneasy and unfair.

2. The crime of this case was committed against a police officer who maintains his gambling, and there is a need to strictly punish the crime in order to eradicate the protection of law and order and the light of public authority, and there is a history of having been punished several times for violent crimes, and there is a little degree of punishment that the defendant has been punished for obstructing the performance of official duties in a case similar to the crime of this case.

However, there are favorable circumstances, such as the fact that the Defendant recognized the instant crime and divided his mistake, that the amount of the money was confiscated in a relatively small amount, and that the degree of assault against the police officer was not serious.

In addition, considering the defendant's age, sex, environment, motive and background of the crime, circumstances after the crime, etc., all of the sentencing conditions specified in the records and theories of the crime in this case, the punishment imposed by the court below is too uneasible and unreasonable.

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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