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(영문) 수원지방법원 2017.08.18 2017노1698

공무집행방해

Text

The prosecutor's appeal is dismissed.

Reasons

1. The sentence imposed by the lower court (eight months of imprisonment, two years of suspended sentence, order of observation of protection, and order of medical treatment for alcoholic content) is too unhued and unreasonable.

2. The lower court sentenced 8 months of imprisonment and 2 years of suspended execution, taking into account the circumstances unfavorable to the Defendant and favorable to the Defendant.

It is appropriate to give the opportunity of rehabilitation during the treatment period, as the court of the first instance sentenced to an order for treatment of alcohol ozone in consideration of the defendant's habits, in particular, taking into account the defendant's habits.

In full view of the fact that the sentencing of the court below exceeded the reasonable limit of its discretion when considering the sentencing criteria, the sentencing of the court below, the sentencing criteria, etc.

There is no circumstance that it is deemed unfair to maintain the judgment of the court below as it is or that the judgment of the court below is unfair.

In addition, even if the circumstances and results of the instant crime were to be comprehensively considered, the sentence of the lower court is appropriate, and it is not deemed unfair because it is too unfasible.

Therefore, prosecutor's assertion is without merit.

3. The appeal by the prosecutor of the conclusion is without merit and is dismissed in accordance with Article 364(4) of the Criminal Procedure Act.