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(영문) 수원지방법원 2017.11.24 2017노6218
공무집행방해등
Text

The prosecutor's appeal is dismissed.

Reasons

1. The main point of the grounds for appeal is that the lower court’s punishment (one year and three months of imprisonment, three years of suspended execution, protection observation, violence therapy lectures and compliance driving lectures, each of 40 hours of imprisonment) is too uneasy and unfair.

2. In light of the motive of the crime obstructing the performance of official duties or the attitude of the act, the crime is not good, the defendant has been punished several times due to violent crimes and the crime of drinking, and the defendant's blood concentration is relatively high at the time of driving of the instant drinking, etc. are disadvantageous to the defendant.

On the other hand, the fact that the defendant's mistake is against the defendant, deposited KRW 1 million for the damaged police officer, the fact that the damaged police officer would take the defendant's seat, and disposed of the vehicle driven after the crime of this case is favorable to the defendant.

Considering the above circumstances and other conditions of sentencing as indicated in the records, such as the Defendant’s age, sex, environment, and circumstances after the crime, it is difficult to deem the lower court’s punishment to be too uneasible and unfair.

Therefore, the prosecutor's above assertion is without merit.

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

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