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(영문) 대구지방법원 2017.08.09 2017노1247
공무집행방해등
Text

The prosecutor's appeal is dismissed.

Reasons

1. The main point of the grounds for appeal is that the penalty (two million won in penalty) imposed by the court below on the defendant is too unhued and unfair.

2. The judgment of the court below was examined. The crime of this case was committed by the defendant, who is dissatisfied with the police officer's performance of his duties, and obstructed the police officer's performance of duties by assaulting the police officer at the police box, and insulting him by taking advantage of the motive, method, etc. of the crime, although it is deemed that the crime of this case is bad in light of the motive, method, etc., the defendant is fully recognized and reflects the crime of this case, the defendant has no criminal record other than once a fine due to drinking driving, and there is no other criminal record other than the defendant's age, sexual behavior, environment, family relationship, and all other sentencing conditions indicated in the records of this case, such as the defendant's age, sexual behavior, family relation, etc., so the prosecutor's assertion is without merit.

3. In conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (5) of the Criminal Procedure Act, since it is obvious that the prosecutor's appeal is groundless. It is so decided as per Disposition.

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