logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대구지방법원 2017.12.13 2017노4638
공무집행방해
Text

The prosecutor's appeal is dismissed.

Reasons

1. The court below's decision to suspend the sentence against the defendant is too unfortunate and unfair.

2. Interference with the performance of official duties, such as the instant case, requires strict punishment as an offense prejudicial to the function of the State by nullifying a legitimate exercise of public authority.

However, in full view of the favorable circumstances, such as the fact that the defendant recognized his mistake and reflects in depth, that there is no history of the crime, that the crime in this case is an initial offender who has no history of the crime, that the defendant spawns the horses that the defendant's child will proceed to divorce, and that the defendant's child will drink more alcohol than his common sense, and that there are circumstances to take into account the circumstances, such as the degree of violence, that there is no emphasis on the degree of violence, and that the victim police officer does not want the punishment of the defendant, and other favorable conditions of all kinds of sentencing as shown in the records and arguments of this case, such as age, sex, sex, environment, family relationship, circumstances leading to the crime, means and consequence, etc., it is appropriate to have suspended the sentence of the defendant, and that the judgment of the court below exceeded a reasonable limit of discretion.

There are no circumstances such as evaluation or maintenance of it is deemed unfair.

Therefore, the prosecutor's above assertion is without merit, since the court below's punishment is too unfasible.

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.

arrow