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(영문) 대구지방법원 2013.11.14 2013노1906
공무집행방해등
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (one year of imprisonment, two years of suspended execution, 80 hours of community service, and probation) declared by the court below is too uneasy and unreasonable.

2. The Defendant has a record of having been punished several times for obstruction of performance of official duties and violent crimes (excluding suspension of execution of sentence and fine).

The crime of this case is a food that causes an injury to the police officer, who is the victim, due to the snow of the police officer.

However, the injury suffered by the victim in this case is relatively minor, and the defendant deposited one million won for the victim.

As the defendant divided the errors of the crime of this case, he does not repeat the crime of this case and lives as a sincere member of society.

In addition, considering the age, character and conduct, environment, etc. of the defendant and all the sentencing conditions shown in the pleadings, it cannot be said that the sentence imposed by the court below is too uneasible and unfair.

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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