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(영문) 광주지방법원 2014.09.25 2014노567

공무집행방해

Text

The prosecutor's appeal is dismissed.

Reasons

1. The main point of the grounds for appeal is that the lower court’s punishment (two years of suspended sentence for three months of imprisonment, two years of probation, and forty hours of study in the alcohol treatment course) is too uneased and unreasonable;

2. In light of the favorable circumstances, such as the fact that the Defendant was punished for a crime related to violence 17 times since 2000, such as a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (the Act on the Aggravated Punishment, etc. of Specific Crimes (the Act on the Aggravated Punishment, etc. of Specific Crimes) in 2010 and the fact that the Defendant was punished for a crime related to violence 17 times since 2000, but it appears that the Defendant recognized his mistake and reflects it. The Defendant has no record of suspended the execution for the last ten years, and the Defendant deposited 70,000 won or more for the victimized police officer, and all of the sentencing conditions in the instant case, such as the Defendant’s age, character and behavior, environment

3. In conclusion, the prosecutor's appeal is dismissed in accordance with Article 346 (4) of the Criminal Procedure Act since it is without merit. It is so decided as per Disposition.