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(영문) 대구지방법원 2016.11.25 2016노4078
일반교통방해등
Text

The prosecutor's appeal is dismissed.

Reasons

1. The sentenced by the court below to the summary of the grounds for appeal (ten months of imprisonment) is too unhued and unreasonable.

2. Although the crime of this case was committed under the influence of alcohol by the defendant, the crime of this case was committed several times under the influence of alcohol, and the victim D and the victim of the crime of destruction of property did not want the punishment of the defendant, and the victim D and the victim of the crime of obstruction of duties did not want the punishment of the defendant's age, character, environment, motive and circumstance leading to the crime of this case, the means and result of the crime, and the circumstances after the crime of this case, etc., in consideration of all the records and arguments in the sentencing of this case, the court below's judgment cannot be justified since the defendant committed the crime of this case without being able to have been punished more than 20 times due to the same crime of this case.

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.

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