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(영문) 대전지방법원 2016.08.11 2016노1274

공무집행방해등

Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (unfair sentencing) of the lower court’s sentence (one year of suspended sentence, two years of suspended sentence, 80 hours of community service order, and 40 hours of lecture attendance order for compliance driving) against the Defendant is unreasonable.

2. In full view of the facts that the crime of this case is not good quality, that the defendant was punished due to the violation of the Road Traffic Act (driving of alcohol), the violation of the Act on Special Cases concerning the Settlement of Traffic Accidents, the obstruction of performance of official duties, etc., the fact that the defendant led to the confession of the crime of this case, that the defendant agreed with the victim C, that 50,000 won was deposited in order to recover the damage of H, and other various sentencing conditions stipulated in Article 51 of the Criminal Act, such as the defendant's age, sexual behavior, environment, motive, means and consequence, etc., the defendant's punishment against the defendant cannot be deemed unfair since the court below's punishment against the defendant is uneasible. Thus, the prosecutor's argument of sentencing is without merit.

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