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(영문) 대전지방법원 2015.10.29 2015노1538
공무집행방해
Text

The appeal by the prosecutor is dismissed.

Reasons

1. The summary of the grounds for appeal (e.g., a fine of KRW 4,00,00) in the original judgment is too unfasible and unreasonable.

2. The crime of this case is an unfavorable circumstance where the Defendant committed the crime of this case, even though he was under the influence of alcohol and had a record of criminal punishment on the ground that he committed the crime of this case. The Defendant committed the crime of this case, even though he was under the influence of alcohol and had a record of criminal punishment on the part of a police station, by assaulting the police officer who was able to learn home in the boom (A4) and attempted to collect his head height.

However, there are extenuating circumstances, such as the fact that the Defendant has divided and reflected his mistake in depth, the degree of assault appears to be relatively minor, and there is no warning of criminal punishment in excess of a fine after 1976. In full view of all the sentencing conditions, including Defendant’s age, character and behavior, environment, motive, means and consequence of the crime, and circumstances after the crime, it is not recognized that the sentence of the lower court is unreasonable to the extent that the sentence of the lower court is reversed.

3. The appeal filed by the prosecutor with the conclusion is groundless, 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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