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(영문) 광주지방법원 2016.11.16 2016노1474
공무집행방해등
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (two years of suspended execution for eight months of imprisonment, one hundred and sixty hours of probation, and one hundred and sixty hours of social service) of the lower court is deemed to be too unhued and unreasonable;

2. In light of the fact that the Defendant was sentenced to a fine of one million won for the same kind of crime on August 26, 201, and was sentenced to a suspended sentence for one year and six months on October 25, 2013 due to a violation of the Punishment of Violences, etc. Act (a violation of the Act on the Punishment of Violences, etc.) on October 25, 2013, and again committed the instant crime at least 40 days after the period of the suspended sentence expires, the Defendant needs to be punished strictly.

However, in full view of the fact that the Defendant was under the influence of alcohol so as to cause the instant case, the fact that the Defendant deposited KRW 700,000 for the victimized police officer, the circumstances of the instant crime, the circumstances after the instant crime, the Defendant’s age, character and conduct, environment, etc., and the result of the application of the sentencing guidelines of the Supreme Court Sentencing Committee, it is not recognized that the lower court’s punishment is too uneasible and unfair, and thus,

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.

However, it is apparent that the last place in paragraph (1) of the first sentence of the judgment of the court below is a clerical error in the vicinity of the G Hospital located in the G Hospital in Gwangjin-gu, Seoul, and thus, it is corrected ex officio pursuant to Article 25(1) of the Regulations on Criminal Procedure

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