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(영문) 대구지방법원 2016.11.09 2016노1668
공무집행방해
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (a fine of three million won) declared by the lower court is too unhued and unreasonable.

2. We examine the judgment. The crime of this case prevents a police officer from performing his official duties by getting off the face part of the police officer called into his hand and assaulting him, etc. However, there are unfavorable circumstances such as the defendant's previous convictions due to violent crimes, etc. However, there are four times of a fine for a criminal offense due to violent crimes. Meanwhile, the defendant's acknowledgement of the charges of this case and his depth reflects the defendant, the defendant seems to have been avoided the crime of this case more contingently, the defendant is deemed to have been subject to a fine exceeding a fine, there is no criminal conviction against the defendant, the victim police officer is the preference against the defendant, and all of the sentencing conditions specified in the records and arguments of this case, such as the defendant's age, character and behavior, environment, family relationship, etc., are considered, and the prosecutor's assertion is without merit.

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.

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