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(영문) 대전지방법원 2016.07.14 2016노785
공무집행방해등
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (unfair sentencing) of the lower court’s sentence (6 months of imprisonment and 2 years of suspended sentence) is deemed to be too uneasy and unfair.

2. The crime of this case is considered to be disadvantageous to the defendant, such as the fact that the defendant, at the main point, assaulted the police officer called out after receiving a report that the defendant drinks the disturbance, and the nature of the crime is not good, and that the defendant has been punished for violent crimes.

However, in full view of the following facts: (a) the Defendant is against the Defendant; (b) there is no record of being sentenced to the punishment heavier than the suspension of execution; (c) the victim of a crime interfering with business by mutual agreement with the victim C of the crime of interference with business, etc. that the said victim does not want the punishment of the Defendant; and (d) other factors of sentencing, such as the Defendant’s age, sex, environment, motive, means and consequence of the crime; and (c)

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

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