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(영문) 서울북부지방법원 2015.11.27 2015노1287
공무집행방해등
Text

The prosecutor's appeal is dismissed.

Reasons

1. The main point of the grounds for appeal is that the lower court’s punishment (two years of imprisonment, three years of suspended execution, three years of probation, and two hundred hours of social service) is too unfunied and unreasonable;

2. We agree with the prosecutor's argument that the defendant's liability for the crime is heavy in light of the following: (a) the defendant's drinking driving force was not high in quality such as making it impossible to measure blood alcohol concentration by drinking and drinking alcohol at the scene of drinking control even three times; and (b) the victim's injury to the police officer by causing serious harm to the vehicle; (c) however, the defendant's liability for the crime was not excessive; (d) on the other hand, the defendant's age, character and behavior, and family environment are not determined to be too unreasonable when examining various sentencing conditions shown in the arguments, such as the defendant's age, character and behavior, and family environment.

Therefore, the prosecutor's assertion is not accepted.

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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