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(영문) 전주지방법원 2014.09.19 2014노657

공무집행방해등

Text

The prosecutor's appeal is dismissed.

Reasons

1. The lower court’s sentence (five million won of a fine) against the Defendant as to the summary of the grounds for appeal is unreasonable as it is too unhued.

2. In light of the fact that the crime of this case committed under the influence of alcohol by the Defendant, who was sent to the police officer after receiving a report that the Defendant would be able to avoid disturbance in the game room, and that the nature of the crime is not good, the Defendant should be punished strictly. However, the Defendant’s allegation of unfair sentencing by the prosecutor is without merit, on the other hand, in full view of the following: (a) the Defendant recognized the crime; (b) the Defendant reflects his depth; (c) the Defendant agreed with the investigative agency as the victim of the crime of interference with business; (d) there was no past record of having been sentenced to punishment or imprisonment without prison labor or heavier punishment; and (e) other various circumstances, which form the condition for the sentencing of this case, including the Defendant’s age, character and conduct, environment, family relationship, and circumstances

3. In conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the ground that it is without merit. It is so decided as per Disposition.