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(영문) 대구지방법원 2016.11.24 2016노2690
공무집행방해
Text

Defendant

All appeals by prosecutors are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The punishment of the lower court (a fine of 2 million won) is too unreasonable.

B. The above sentence of the lower court is deemed to be too uneasible and unfair.

2. The following facts are the circumstances favorable to the Defendant: (a) the Defendant recognized the instant crime and reflects his mistake; (b) the Defendant has no record of being punished for the same kind of crime; and (c) there is no record of criminal punishment exceeding the fine; and (d) the extent of the type of the Defendant exercised.

On the other hand, the Defendant’s crime of this case committed against a police officer who was reported to 112 and sent out, and assaulted by a police officer to walk the right door of the police officer, thereby obstructing the legitimate performance of official duties, and the Defendant’s liability cannot be said to be light.

Considering the above circumstances and other circumstances, such as the character, conduct, environment, motive, means and consequence of the crime, the circumstances after the crime, etc., the sentence of the court below is deemed appropriate as a sentence within the scope of the discretion of sentencing.

Therefore, the defendant and the prosecutor's argument are without merit.

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

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