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(영문) 전주지방법원 2015.05.01 2015노187

공무집행방해등

Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (two years of imprisonment, three years of suspended execution, three years of probation, and 40 hours of an order to attend lectures for alcohol treatment) of the lower court is too unfased and unreasonable;

2. The crime of this case committed by the Defendant is under the influence of alcohol, thereby leaving the victim N head due to beer's disease, and leaving the dwelling of another person.

Considering the fact that the Gu does not comply with the Gu, damages another person's property, and finds a police station that investigated the defendant, thereby causing an injury by exercising violence, and that the nature of the crime is very poor, and that the defendant has a record of criminal punishment due to an act of violence, it is necessary to strictly punish the defendant.

However, it seems that the crime of this case was committed by the defendant, who led to the confession and mistake of the defendant. The crime of this case was committed in the state of detention, the defendant was committed by the defendant's effort to keep the children in the state of detention for 10 years, the defendant lost his ability to control after being divorced with his wife for 2013, and again drinking again, which led to the crime of this case. The agreement between the defendant, the victim D and E was reached between the above victims, and the above victims do not want the punishment of the defendant. The defendant made efforts to recover the damage of the above victims by depositing the amount of KRW 60 million for J and K, and 2 million for N, and each deposit the amount of KRW 2 million for N, etc. The defendant did not have any history of criminal punishment since 204, the defendant raised the children in the fifth grade of elementary school as neglected, and all other conditions of sentencing such as the defendant's age, character and behavior, etc., it cannot be acknowledged that the sentence of the court below is unreasonable.

Therefore, prosecutor's assertion is not accepted.

3. In conclusion, the prosecutor's appeal 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.