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(영문) 수원지방법원 2014.06.30 2014노2228

공무집행방해등

Text

The prosecutor's appeal is dismissed.

Reasons

1. The gist of the grounds for appeal is that of the lower court’s imprisonment with prison labor for up to eight months and is unreasonable.

2. The judgment of the court below is unreasonable in light of the following facts: the defendant is driving under the influence of alcohol; the defendant takes a breath in the breath district where his license is revoked; the police officer continues to take a bath after his arrest; the defendant assaultss another police officer after his arrest; the defendant has already been punished by a fine and a sentence on several occasions through violence, etc.; the defendant has already been punished by a fine and a sentence on four occasions during the period of a repeated crime; and the defendant committed the crime in this case during the period of a repeated crime. However, in light of the fact that the defendant is against the crime in this case; the defendant deposited KRW 30,00 for police officers in the first instance trial; the defendant's age, character and behavior; the motive leading to the crime in this case; the degree of damage caused by the crime in this case; and the circumstances before and after the crime in this case, etc., the court below's punishment is too unfair.

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.