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(영문) 대구지방법원 2017.05.26 2016노3765
공무집행방해
Text

The prosecutor's appeal is dismissed.

Reasons

1. The sentence (6 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 was committed by the police officer to keep a written statement prepared by the other party in order to identify the personal information of the other party during the police box in relation to the Defendant’s assault case. The Defendant committed the crime of this case against the obstruction of performance of official duties in order to establish the state’s legal order and eradicate the light of public authority. The crime of this case requires strict punishment, the degree of interference with performance of official duties is not easy, and the Defendant was punished several times for crimes related to violence. In particular, in the Daegu District Court Branch Branch of the Daegu District Court on January 13, 2014, the Defendant was sentenced to a suspended sentence of one year for a crime of violation of the Act on the Protection of Juveniles from Sexual Abuse, and was sentenced to a suspended sentence of one year for a crime of violation of the Act on the Protection of Children from Sexual Abuse on January 21, 2014.

However, in light of all the sentencing conditions indicated in the records and theories of this case including the Defendant’s age, sexual conduct, environment, motive and background leading to the instant crime, means and consequence, etc., the sentence imposed by the lower court is uneasy and unreasonable, in light of the following: (a) the Defendant’s confession of the instant crime while under the influence of alcohol appears to have committed the instant crime; and (b) the Defendant appears to have committed the instant crime in a contingent manner while under the influence of alcohol; and (c) the Defendant has no record of the same kind of crime; and (d) equity in sentencing with similar cases.

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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