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(영문) 대구지방법원 2017.06.21 2017노463
공무집행방해
Text

The prosecutor's appeal is dismissed.

Reasons

1. The penalty of KRW 4 million imposed by the court below on the summary of the grounds for appeal is too unfased and unreasonable.

2. The crime of this case is deemed to have been committed by the Defendant against the victimized police officers in the course of performing their lawful duties, and the responsibility for the crime is deemed not to be light, but, on the other hand, it appears that the Defendant recognized all the facts charged in this case and reflects his mistake, and that the degree of violence by the Defendant appears not to be severe, and that the Defendant has no record of criminal punishment, other than twice a fine, and other various sentencing conditions indicated in the records of this case, such as the Defendant’s age, sex behavior, environment, family relationship, etc., are considered, and thus, the lower court’s punishment is not deemed to be undue, and thus, the Prosecutor’s assertion is without merit.

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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