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(영문) 수원지방법원 2013.07.25 2013노1453

공무집행방해등

Text

The prosecutor's appeal is dismissed.

Reasons

1. In light of the summary of the grounds for appeal in this case’s sentencing conditions, the lower court’s imprisonment (two years of imprisonment, two years of suspended execution, probation, and social service) is deemed too unfasible and unreasonable.

2. The Defendant’s crime of this case is an unfavorable circumstance to the Defendant that it is highly likely that the police officer dispatched after receiving a report on the disturbance, such as walking the door door of another person’s house, would take a bath and have inflicted an injury on the police officer. The Defendant’s past record of punishment for multiple violent crimes is not that the responsibility for the crime is light.

However, in full view of the fact that the defendant is in depth of and against the crime, the degree of damage is not excessive, and the defendant seems to have committed the crime of this case by contingency under the influence of alcohol at the time, and all other sentencing conditions in the records and arguments in this case, the sentence imposed by the court below is too uneasible and unreasonable.

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