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(영문) 수원지방법원 2014.10.16 2014노4

공무집행방해등

Text

The prosecutor's appeal is dismissed.

Reasons

1. The gist of the grounds for appeal is that the lower court’s punishment (five million won of a fine) is too unhued and unreasonable.

2. Determination: (a) the Defendant driven under a significant alcohol concentration; (b) the Defendant committed an assault against a police officer controlling the blood alcohol concentration; and (c) the Defendant was subject to a suspended sentence on March 2013; (b) the Defendant committed each of the instant crimes during the grace period; (c) the Defendant recognized the Defendant’s mistake and closely reflects the Defendant; (d) several times of criminal records of the same kind; (b) there was no record of being punished for the same crime as the instant crime since 2006; and (c) there was no record of being punished for the same crime as the instant crime; and (d) the lower court’s punishment is too unreasonable, taking full account of all the sentencing conditions indicated in the instant records and arguments, such as the Defendant’s age, character and behavior, environment, background, means and consequence of the instant crime, and the circumstances after the crime.

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