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(영문) 대전지방법원 2015.11.12 2015노1811

공무집행방해등

Text

The appeal by the prosecutor is dismissed.

Reasons

1. The summary of the grounds for appeal (e.g., a fine of KRW 3,00,00) in the original judgment is too unfilled and unreasonable.

2. The crime of this case committed by the Defendant, which was controlled by drinking driving and led to voluntary driving, without any particular reason, and obstructed the police officer’s legitimate performance of duties in relation to the control of the crime, and at the same time, caused an injury to the police officer in need of approximately two weeks of medical treatment, and thus, cannot be deemed as an offense.

However, in full view of the following circumstances: (a) the Defendant has a deep depth of and against his mistake; (b) there is no record of criminal punishment other than punishment by a fine in around 1997 and around 2005; (c) deposited money to the victimized police officer; and (d) there are other circumstances to consider the Defendant’s age, character and behavior, environment, motive, means and consequence of the crime; and (d) all the sentencing conditions such as the circumstances after the crime, etc., it is not recognized that the sentence of the lower court is too unreasonable.

3. The appeal filed by the prosecutor with the conclusion is groundless, and it is dismissed in accordance with Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition.