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(영문) 대구지방법원 2020.12.10 2019노421
공무집행방해
Text

The prosecutor's appeal is dismissed.

Reasons

1. The sentence of a fine of KRW 5 million imposed by the lower court is too uneased and unreasonable.

2. The judgment is recognized that the criminal liability for the crime of this case is not weak for the defendant, such as taking a bath and threatening a police officer performing his duties, and that the defendant has been punished two times by a fine for the same kind of crime. Meanwhile, the prosecutor's assertion is without merit, in light of the following: (a) the defendant recognized the crime of this case in an investigative agency and reflects his mistake; (b) the defendant did not exercise direct violence against a police officer; (c) the defendant did not have been sentenced to punishment; and (d) the defendant did not have been sentenced to punishment; and (e) other conditions of sentencing specified in the records and arguments of this case, such as the defendant's age, character and behavior, environment, family relationship, etc., and other circumstances after the

3. In conclusion, the prosecutor's appeal is without merit, and it is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.

(However, according to Article 25(1) of the Rules on Criminal Procedure, in accordance with Article 25(1) of the Criminal Procedure Act, “the Defendant’s legal statement” is deleted from “the summary of evidence”, and “F’s police statement protocol” is amended to “H’s police statement protocol.”

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