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(영문) 수원지방법원 2013.12.19 2013노3475
공무집행방해등
Text

The prosecutor's appeal is dismissed.

Reasons

1. The main point of the grounds for appeal is that the sentence of the lower court (two years of imprisonment with prison labor for six months and two years of probation, and one hundred and twenty hours of community service order) is too unhued and unreasonable.

2. The crime of this case committed by the defendant was under the influence of alcohol and was detained for about two months until the court below's release. Taking into account all the circumstances such as the situation and contents of the crime of this case, the defendant's age, character and conduct, family relation, occupation environment, etc., the sentence of this case, and the sentencing conditions as shown in the records, should be taken into account. The defendant's mistake and reflect it, although it can be seen that the defendant recognized the defendant's mistake, it does not seem that the defendant did not have any record of committing obstruction of performance of official duties, and the degree of violence against the police officer E is not significant. The court below deposited 50,000 won to the police officer E, and the defendant was detained for about two months until the judgment below was released. In full view of all the circumstances such as the circumstance and contents of the crime of this case, the defendant's age, character and behavior, family relation, occupation, etc.

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

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