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(영문) 대구지방법원 2019.08.30 2019노1117
공무집행방해
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (two years of suspended execution in August, and one hundred and twenty hours of community service) of the lower court is deemed to be too unhued and unreasonable.

2. The crime of this case is a situation unfavorable to the defendant, such as: (a) the police officer, who was called the father and the monetary dispute of the defendant while making a report and dispatched the defendant; (b) the police officer's arms and arms were frightened; and (c) the police officer's head was walked twice due to the attack; (d) the nature of the crime is very poor in light of the circumstances of the crime, the form of the act, the means of the crime, etc.; and (e) the fact that the defendant has the criminal history subject to punishment for violent crimes is committed against the defendant.

However, in full view of the following circumstances: (a) the Defendant’s mistake is against himself/herself and did not repeat the crime; (b) favorable circumstances, such as the absence of criminal records subject to punishment exceeding the fine; and (c) the Defendant’s age, character and conduct, environment, family relationship; and (d) other circumstances that form the conditions for sentencing specified in the instant pleadings, such as the circumstances after the crime, etc., the sentence imposed by the lower court cannot be deemed as being too unjustifiable to the

3. The prosecutor's appeal of conclusion is without merit, and it is dismissed under Article 364 (4) of the Criminal Procedure Act.

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