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(영문) 대전지방법원 2015.06.03 2014노3722
특정범죄가중처벌등에관한법률위반(운전자폭행등)등
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal is unreasonable because the penalty (three million won of a fine) declared by the court below against the defendant is too unfilled.

2. The judgment following the following facts: (a) the Defendant assaulted a police officer who was under the influence of alcohol and was staying safely in his/her country; (b) assaulted a police officer driving the police vehicle at the time to cause danger of traffic accidents; and (c) the crime of obstruction of performance of official duties is a crime detrimental to the State’s function by nullifying legitimate exercise of public authority; and (d) thus, the Defendant is disadvantageous to the Defendant.

On the other hand, the fact that the defendant is recognized as all of his own crimes, the fact that the defendant seems to have committed the crime of this case by contingency under the influence of alcohol, and the fact that the defendant is the first offender who has no criminal power so far is favorable to the defendant.

In full view of the above circumstances and other circumstances that led to the instant crime, including the background and motive leading up to the instant crime, the circumstances after the commission of the crime, the age of the Defendant, character and conduct, family relationship, environment, occupation, etc., the lower court’s punishment is too uneasible and unreasonable. Therefore, the Prosecutor’s allegation above 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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