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(영문) 대구지방법원 2019.01.16 2018노3713
공무집행방해
Text

The prosecutor's appeal is dismissed.

Reasons

1. The decision of the court below on the gist of the grounds for appeal (two months of imprisonment and two years of suspended execution) is too unfluent and unfair.

2. In order to establish the legal order of the judgment state and eradicate the light of the public authority, there is a need to strictly punish the crimes of obstruction of performance of official duties, such as the instant case, and the fact that the Defendant was unable to obtain a letter from the victimized police officer, and that there was a history of fine through several times and of having been punished by the suspended sentence of imprisonment, etc. is disadvantageous to the Defendant

On the other hand, the circumstances favorable to the defendant include the fact that the defendant recognized the crime of this case and divided his mistake, that the degree of violence is not serious, that there is no record of punishment for obstruction of performance of official duties, and that there is no record of punishment for obstruction of official duties.

In addition, there is no special circumstance or change of circumstances that can be newly considered after the sentence of the lower judgment, and considering the following factors, such as the Defendant’s age, character and conduct, environment, motive and circumstance of the crime, and circumstances after the crime, the sentence that the lower court sentenced is too uneasible and unreasonable.

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

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