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(영문) 광주고등법원 (제주) 2015.04.29 2014노120
공용물건손상등
Text

All appeals filed by the defendant and prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The sentence of the lower court (the suspended execution for 4 years of imprisonment for 3 years, community service, 160 hours of attendance order, and 40 hours of attendance order) is too unreasonable.

B. The Prosecutor’s sentence of the lower court is too unhued and unreasonable.

2. Each of the instant crimes committed by the Defendant, while driving a vehicle in a state of drinking, interfered with a police officer’s legitimate performance of official duties by intentionally and interfered with the police officer’s performance of patrol, and thereby, the police officer’s injury was inflicted on him/her, and the nature of the crime is not very good, etc. are disadvantageous to the Defendant.

On the other hand, it is favorable to the defendant that the police officer did not have serious degree of injury suffered by the police officer, and that the damaged police officer took the defendant's wife against the defendant.

In addition, in full view of the Defendant’s age, character and conduct, environment, family relationship, motive and background of the offense, method and consequence of the offense, etc., it is not determined that the lower court’s sentence against the Defendant is too heavy or unreasonable.

Therefore, the defendant and prosecutor's argument are without merit.

3. In conclusion, the appeal filed by the defendant and the prosecutor is without merit, and all of them are dismissed in accordance with Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition.

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