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(영문) 수원지방법원 2015.07.03 2014노3677

특정범죄가중처벌등에관한법률위반(운전자폭행등)등

Text

The prosecutor's appeal is dismissed.

Reasons

Summary of Grounds for Appeal

The punishment sentenced by the court below (limited to eight months of imprisonment, two years of suspended execution, and 80 hours of community service order) is too unhued and unfair.

Judgment

The crime of this case is likely to cause a large-scale accident, such as collision with other vehicles or shocking pedestrians, etc. As a result, the crime of obstruction of performance of official duties is less severe than the nature of the defendant in light of the fact that the defendant does not repeat the defendant's wrong detention period exceeding one month in depth and does not repeat again, the degree of assault committed by the defendant does not focus on the degree of assault committed by the defendant, the fact that the defendant does not have the same criminal record and has no record of being sentenced to a fine exceeding a fine due to violence, and other circumstances, such as the motive and circumstance of the crime of this case, circumstances after the crime, the defendant's age, character and conduct, environment, etc., and the sentencing conditions specified in the records and arguments of this case, such as the records and arguments of this case, are considered as inappropriate.

Therefore, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.