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(영문) 수원지방법원 2015.05.21 2014노6772

공무집행방해등

Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the prosecutor’s appeal grounds (e.g., the Defendant was punished for the same kind of crime; the Seoul Central District Court sentenced one year to imprisonment with prison labor for the obstruction of performance of official duties at the Gyeyang Prison on July 9, 2012 and completed the execution of the sentence and committed each of the instant crimes during the repeated period; thus, there is a risk of repeating a crime; each of the instant crimes is unfair, in light of the following: (a) each of the instant crimes was committed by the police officers called out upon receiving a report that the Defendant was under the influence of alcohol and was under the influence of alcohol; (b) thereby obstructing the performance of official duties and causing bodily injury; (c) the nature of the crime was heavy; (d) not contingent; and (e) the crime was committed by the ordinary defendant’s violent inclination, but was committed by the ordinary defendant; and (e) the damage recovery was not performed.

2. In light of the facts alleged in the grounds of appeal, the lower court’s punishment is deemed unreasonable even if considering all of the circumstances alleged in the grounds of appeal, and there are no grounds for appeal, since it appears that the Defendant committed each of the crimes of this case in this case in a manner of drinking alcohol and contingency, the degree of injury is relatively minor, and the motive and circumstances of each of the crimes of this case, the circumstances before and after the commission of the crimes of this case, and other various matters stipulated in Article 51 of the Criminal Act, which are conditions for sentencing, such as the Defendant’s character and conduct, and the environment.

3. The prosecutor’s appeal of conclusion is dismissed in accordance with Article 364(4) of the Criminal Procedure Act on the grounds that there is no ground for appeal by the prosecutor.