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(영문) 대전지방법원 2015.07.29 2015노999
특정범죄가중처벌등에관한법률위반(위험운전치사상)등
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal is unreasonable because the sentence imposed by the court below on the defendant (the imprisonment of eight months, the suspension of execution of two years, and the community service order 120 hours) is too unhued and unreasonable.

2. In light of the circumstances and methods of the crime, such as breathing and assaulting a police officer who was under the influence of alcohol and caused an accident, and tried to organize the traffic accident site of this case, etc., the nature of the crime is very poor. Since the crime of obstruction of performance of official duties is a crime prejudicial to the State’s function by nullifying legitimate exercise of public authority, the crime of obstruction of official duties is a crime that causes damage to the State’s function, etc.,

On the other hand, the fact that the defendant is recognized as all of his criminal acts and is against the defendant, that the defendant is the first offender who has no criminal records, and that the family members and branch members of the defendant seems to have strong social ties, such as wanting the defendant to take a preference against the defendant, is considered to be favorable to the defendant.

In full view of the above circumstances and other circumstances that led to the instant crime, including the background and motive leading up to the instant crime, the circumstances after the commission of the crime, the age of the Defendant, character and conduct, family relationship, environment, occupation, etc., the lower court’s punishment is too uneasible and unreasonable. Therefore, the Prosecutor’s allegation above is without merit.

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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