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(영문) 광주지방법원 2017.05.10 2016노3596
공무집행방해
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (the imprisonment of 10 months, the suspension of execution of 2 years, the observation of protection, the order to attend alcohol treatment lectures for 80 hours and the order to provide community service orders for 200 hours) that the court below sentenced to the defendant is too unfasible and unreasonable.

2. In light of the following: (a) there is no particular change in the sentencing conditions compared to the lower court’s determination; and (b) there are various sentencing conditions indicated in the instant records and pleadings, the lower court’s punishment seems unfair. Therefore, the Prosecutor’s aforementioned assertion is without merit.

3. In conclusion, the prosecutor’s appeal is dismissed under Article 364(4) of the Criminal Procedure Act on the grounds that the prosecutor’s appeal is without merit. It is so decided as per Disposition by the court below (Article 25(1) of the Rules on Criminal Procedure, since the part of “3. Protection observation and community service order” in the application of the law of the court below is clear that it is a clerical error in the “6. Protection, observation, lecture attendance order and community service order”, and it

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