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(영문) 의정부지방법원 2015.01.09 2014노1186
특수공무집행방해치상등
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (three years of suspended execution for two years of imprisonment, three years of probation, and one hundred and twenty hours of community service) declared by the court below is too unfasible and unreasonable.

2. The judgment of the court below requires strict punishment of the defendant considering the following: (a) the defendant was led by a person who was under a influence of alcohol while driving while driving a motor vehicle; (b) the person who was under a influence of alcohol was under a influence of alcohol and the person who was under the influence of alcohol was under the influence of alcohol, and the person who was under the influence of alcohol was under the influence of alcohol to move out to the police station after receiving a report; and (c) there was a record of being sentenced to each fine due to the crime of drinking driving and obstruction of performance of official duties; (d) the defendant was under a confession; (e) the defendant was living against himself; and (e) the victim was agreed with the victim H; (e) the vehicle was deposited in the court below and the court below for the damaged public official; (e) the vehicle was under a comprehensive motor vehicle insurance; (e) the series of crimes in this case appears to have been under a contingency; and (e) the defendant was still under the influence of the defendant's age and character; and (e) other circumstances leading the defendant to the defendant.

Therefore, the prosecutor's above assertion is without merit.

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

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