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(영문) 전주지방법원 2017.04.13 2017노45

공무집행방해등

Text

All appeals by the defendant and the prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The sentence of the lower court (six months of imprisonment) is too unreasonable.

B. The Prosecutor’s above sentence is too uneasible and unreasonable.

2. The following facts are favorable: (a) the Defendant recognized all of the instant crimes; (b) the Defendant deposited one million won for the victimized police officer in the first instance trial and deposited two million won in the first instance trial; (c) the Defendant did not have any record of having been sentenced to punishment heavier than the suspended sentence after 1983; and (d) the Defendant must support his spouse and children who are not good in health.

On the other hand, the crime of this case committed by the police officer requires the defendant to respond to the measurement of drinking in the course of aiding the defendant who suffered a traffic accident, and the nature of the crime was assaulted by the defendant, and the crime of this case is not less than one month after the suspended sentence was sentenced due to the crime of injury, and the judgment became final and conclusive, and the defendant committed the crime of this case, and the defendant has a record of being punished once due to driving of drinking or refusing to take the measurement of drinking.

In addition, taking into account all the sentencing conditions shown in the records and arguments of this case, such as the defendant's age, sex, environment, and developments and motive leading to the crime of this case, the sentencing of the court below is too heavy or it is so feled that the court below exceeded the reasonable scope of discretion.

It does not seem that it does not appear.

3. In conclusion, the appeal filed by the defendant and the prosecutor is without merit, and all of them are dismissed pursuant to Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition (Article 25(1) of the Rules on Criminal Procedure, however, Article 148-2(1)2 of the Road Traffic Act, "Article 44(2)" is added to "Article 148-2(1)2 of the Road Traffic Act (Article 25(1) of the Rules on Criminal Procedure as to "the pertinent law as to the crime of 1. and the choice of punishment" is amended).