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The prosecutor's appeal is dismissed.
Reasons
1. Summary of grounds for appeal;
A. In mind of preventing the Defendant from drinking alcohol control on D, the Defendant committed an injury by assaulting G, which is a police officer, and during that process, D was unable to take a breath test on the spot. As above, in light of the circumstances where the Defendant assaulted police officers, etc., the Defendant was aware that the Defendant’s use of violence was the act of allowing D to escape.
Since it is reasonable to see that the criminal defendant also has the intent to commit the crime.
Nevertheless, the court below rendered a judgment of not guilty as to this part of the criminal's crime, and the judgment of the court below erred by mistake of facts.
B. The sentence of the lower court’s unfair sentencing (ten months of imprisonment, two years of suspended execution, and 120 hours of community service) is deemed to be too uneasy and unreasonable.
2. Judgment on the assertion of mistake of facts
A. On June 17, 2015, the Defendant was aware of the fact that the Defendant was a drinking driver who committed a crime corresponding to a fine or heavier punishment by a vehicle driver, before the second apartment parking lot of the forest of the forest of the forest of the forest of the Republic of Korea located in the Northern-dong, Busan, Busan, but, as seen above, the Defendant was unable to check the drinking by interfering with the police officer’s duty to prevent the traffic policemen slope G from measuring drinking alcohol, etc. from drinking alcohol, and caused D to flee on the spot.
Accordingly, the defendant, who committed a crime corresponding to a fine or heavier punishment, was allowed to escape.
B. The judgment of the court below is that the crime of the crime of the crime of the crime of the crime of the crime of the crime of the Article 151 of the Criminal Act is established since it is not necessary to bring about a result of obstructing the actual criminal justice as a dangerous crime, but at least it is difficult to detect and arrest an investigative agency to the extent that it is unfolded with the act of the concealment, that is, the act of having the criminal escape directly