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(영문) 대구지방법원 2016.09.01 2016노700
공무집행방해등
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal is unreasonable because the penalty (7 million won of a fine) declared by the court below is too unhued.

2. Since the crime of obstruction of the performance of official duties is likely to disrupt social order maintained by the public authority, it is not easy that the case is not easy, and it is necessary to immediately set the public authority’s prestige and social discipline in order to create a social atmosphere in which the law and principles are observed, and thus, the nature of the crime of this case’s cannot be deemed to be somewhat weak.

Furthermore, the degree of criticism is high in that the defendant has recently been guilty of violence and committed the crime of this case during the period of suspension of execution.

However, considering the circumstances favorable to the defendant that the defendant has no criminal record for the same kind, that the defendant deposited certain money for the police officers, and that the defendant did not repeat again with his/her depth.

In addition, in full view of all other circumstances, including the character, conduct, environment, family relationship, career, economic condition, motive, means and consequence of the crime, the circumstances after the crime, etc., the lower court’s judgment is deemed to have exceeded the reasonable bounds of discretion or to be unfair to maintain it as it is, there is no other circumstance where it is deemed that the lower court’s judgment exceeded the reasonable bounds of discretion or is unfair to maintain it.

(see Supreme Court en banc Decision 2015Do3260, Jul. 23, 2015). Therefore, the lower court’s sentencing is somewhat minor to the extent that the lower court should reverse the lower court’s judgment, and the prosecutor’s assertion is without merit.

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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