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(영문) 광주지방법원 2015.11.12 2015노788
위계공무집행방해등
Text

The prosecutor's appeal is dismissed.

Reasons

Summary of Grounds for Appeal

The sentence of the lower court (one year of suspension of execution for six months of imprisonment, community service, confiscation) is too unhued and unreasonable.

Judgment

The crime of this case is not against the cancellation of the license due to driving under the influence of alcohol by the defendant, and it is not good that the driver's license was obtained through a deceptive scheme.

However, considering the following as a whole: (a) the Defendant is against the Defendant; (b) the Defendant did not have two resident registration numbers in an unfair manner; and (c) the Defendant did not have any history of criminal punishment exceeding a fine; and (d) other favorable sentencing factors, such as the background of the instant crime; (b) circumstances after the instant crime; (c) the Defendant’s age; (d) the Defendant’s character and conduct; and (e) the scope of the balancing of recommended sentences according to the sentencing guidelines of the Sentencing Committee (the area of reduction of punishment by deceptive means: 4 months to 10 months); and (e) the scope of the sentence of obstruction of execution [the area of reduction

Therefore, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.

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