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(영문) 대전지방법원 2016.07.21 2016노691

공무집행방해등

Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (unfair sentencing) of the lower court’s sentence (one hundred months of imprisonment, two years of suspended sentence, protection observation, community service order 80 hours, and 40 hours of lecture attendance order) is too uneasy and unreasonable.

2. The judgment of this case is an unfavorable circumstance to the defendant for reasons such as the defendant's injury upon the neighbor's resident and the police officer called out after receiving a report and the nature of the crime is not good, and the defendant has been punished for the same kind of crime.

However, in full view of the following facts: (a) the Defendant is against the Defendant; (b) the victim D of the crime of bodily injury, the victim did not want the Defendant’s punishment; and (c) the Defendant did not have any record of punishment heavier than a suspended sentence; and (d) the Defendant’s age, sex, environment, motive, means and consequence of the crime; and (c) the lower judgment’s sentence is too unfeasible and unreasonable, taking into account all the sentencing conditions, such as the Defendant’s age

3. The appeal by the prosecutor of the conclusion 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.