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(영문) 대구지방법원 2016.11.09 2016노1589
공무집행방해등
Text

All appeals filed by the prosecutor against the Defendants are dismissed.

Reasons

1. The summary of the grounds for appeal is unreasonable because the punishment of each fine of KRW 3 million sentenced by the court below against the Defendants is too uneased.

2. The crime of this case was committed by the Defendants with the desire of the police officers and the failure of the Defendants, and the case was no less than that of the Defendants. However, the Defendants recognized all the facts charged of this case and reflect their mistakes in depth, Defendant A did not have any criminal records other than twice a fine, and Defendant B did not have any criminal records other than that of the Defendants, and taking into account the following factors: the Defendants’ age, character and behavior, environment, family relationship, circumstances after the crime, etc., and all of the sentencing conditions indicated in the records and arguments, such as the Defendant’s age, character and behavior, family relationship, etc., it is not recognized that each sentence imposed by the lower court against the Defendants is too unjustifiable, and thus, the Prosecutor’s assertion

3. In conclusion, the prosecutor's appeal against the defendants is without merit, and all of the appeals are dismissed under Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.

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