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(영문) 대전지방법원 2016.05.25 2015노3450
공무집행방해
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (unfair sentencing) of the lower court’s sentence (amounting to five million won) is too uneasy and unreasonable.

2. The Defendant’s crime of this case is an unfavorable circumstance to the Defendant, such as the following: (a) while the Defendant was suffering from disturbance in marina; (b) the police officer called out upon receiving a report; and (c) the breath’s breath’s breath’s breath’s breath’s breath’s breath’s breath’s breath’s breath’s breath’s breath’s breath’s breath’s breath’s breath’

On the other hand, the fact that the Defendant seriously reflected on the instant crime, the fact that the Defendant appears to have committed the instant crime by drinking and drinking while leaving his previous place of work, is relatively minor, the Defendant’s assault committed by the Defendant appears to have been excessive by finding the damaged police officer, and the Defendant’s efforts to perform implied funeral in the market after release and live in good faith are favorable to the Defendant.

In full view of the above circumstances and the motive leading up to the instant crime, the circumstances after the commission of the instant crime, the Defendant’s age, sexual conduct, family relationship, occupation, etc., and all the circumstances constituting the conditions for sentencing as shown in the records and arguments, the lower court’s sentence is too uneasible and deemed unfair, and thus, the Prosecutor’s improper assertion of sentencing is rejected.

3. In conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the appeal is without merit.

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