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(영문) 서울동부지방법원 2016.07.08 2016노339
공무집행방해등
Text

The prosecutor's appeal is dismissed.

Reasons

The gist of the prosecutor's appeal of this case is that the defendant's crime of this case committed the crime of this case, under the influence of alcohol, by causing injury, such as taking the face of a private victim of fire-fighting within the 119 first-aid vehicle. In light of the fact that the crime of this case was committed due to defective nature of the crime, and that the defendant committed the crime of this case at several times during the period of suspension of execution, the punishment of the court below which sentenced a fine of 7,00,000 won is too uneasy and is unfair.

In addition to the above circumstances asserted by the prosecutor, the sentence of the court below, as well as the above circumstances alleged by the prosecutor, the defendant agreed that the defendant would not commit this error again.

Since it seems that the types and quantities of punishment are determined considering all other circumstances that are conditions for sentencing, such as the Defendant’s age, environment, and the degree of injury, etc., the types and quantities of punishment can not be considered as being too unhued and unfair.

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

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