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(영문) 대구지방법원 2019.10.25 2019노1651
재물손괴등
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal that the court below sentenced the defendant to the penalty (five million won of a fine) is too unhued and unfair.

2. It is recognized that there is a need to strictly punish the crime of obstruction of performance of official duties, such as the instant case, in order to establish a state’s legal order and eradicate the light of public authority, and that the Defendant did not have any tolerance from the victimized police officer.

However, it is also recognized that the defendant has no criminal record against all of the crimes of this case, the defendant's agreement with the victim of the crime of causing property damage, and the university student has no criminal record against the defendant.

In addition, in full view of the following circumstances: Defendant’s age, character and conduct, environment, family relationship, motive and background of crime, means and consequence of crime, etc., and there are no special circumstances or changes in circumstances that may change the sentencing of the lower court after the lower judgment, it is not recognized that the sentence imposed by the lower court is too unreasonable.

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

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