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(영문) 대구지방법원 2019.11.29 2019노1882
공무집행방해등
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (two years of suspended execution in October, and one hundred and twenty hours of community service order) imposed by the court below on the defendant is too unhued and unreasonable.

2. It is recognized that the crime of this case is not good and that there is a need to strictly punish the crime of obstruction of performance of official duties, such as this case, in order to establish a state’s legal order and eradicate the light of public authority, and that there is a criminal record of two times of punishment, including the Defendant’s failure to obtain a letter from the victimized police officer, and one time of suspended sentence of imprisonment for this crime.

However, it is also recognized that the defendant recognizes all of the crimes of this case and reflects them, and that the defendant has no criminal record and no criminal punishment.

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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