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(영문) 대구지방법원 2017.05.18 2016노5103
공무집행방해
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal is unreasonable as it is too unfasible to the punishment (five million won in penalty) declared by the court below.

2. As pointed out by the Prosecutor, in full view of the following: (a) the instant crime is an illegal act committed by disregarding the law, leading up to the public authority; (b) the quality of the crime is not good; (c) the Defendant has multiple criminal records of violence; and (d) the Defendant committed the instant crime during the period of suspension of execution, the Defendant shall be subject to strict punishment.

However, considering the fact that the degree of assault against the crime of this case seems relatively minor, the fact that the victimized police officer is not punishable against the defendant, and all of the sentencing conditions shown in the arguments of this case, such as the age, sex, family environment, criminal record, etc., the sentence imposed by the court below is judged appropriate, and it is not recognized that it is unfair because it is too unfasible. Thus, the prosecutor's above assertion is without merit.

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.

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