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(영문) 대구지방법원 2017.08.09 2017노1238
공무집행방해
Text

The prosecutor's appeal is dismissed.

Reasons

1. The sentence of a fine of KRW 3 million imposed by the court below is too uneased and unreasonable.

2. The crime of this case is deemed to have been committed by the Defendant to a police officer in the process of performing his/her legitimate duties, and the responsibility for the crime is not weak. However, the prosecutor’s assertion is without merit, given that the Defendant recognized the facts charged and reflects his/her mistake, and there is no criminal conviction exceeding the same kind of or fine for the Defendant, and considering all the sentencing conditions in the records of this case, such as the Defendant’s age, sex, criminal conduct, environment, family relationship, and circumstances after the crime.

3. In conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (5) of the Criminal Procedure Act, since it is obvious that the prosecutor's appeal is groundless. It is so decided as per Disposition.

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