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(영문) 대구지방법원 2016.09.30 2016노1379
공무집행방해
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (the sentence to be suspended: a fine of one million won) by the lower court is too unfluent and unreasonable.

2. It is recognized that each of the instant crimes was committed by assaulting police officers performing official duties, thereby obstructing the performance of official duties, and that there is a need to strictly punish police officers in light of the recent situation of public authority.

However, considering the following factors: (a) the Defendant’s primary offense was already divided in depth; (b) the degree of assault was not serious; and (c) the Defendant’s age, sexual conduct, environment, motive, means and consequence of each of the instant offenses; and (d) all of the sentencing conditions specified in the instant pleadings, such as the circumstances after the commission of the offense, the lower court’s punishment is too uneasible and unfair.

Therefore, prosecutor's assertion is without merit.

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 appeal is without merit. It is so decided as per Disposition.

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