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(영문) 의정부지방법원 2015.06.30 2015노1028
공무집행방해등
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (e.g., imprisonment with prison labor, two years of suspended sentence, two years of community service, 200 hours of order to attend a compliance driving lecture) of the lower court is too uneasy and unreasonable;

2. Determination

A. The defendant has been sentenced to a fine on several occasions due to drinking driving and driving without a license, and the defendant committed several assaults to the police officer demanding the drinking measurement as well as the escape in order to avoid drinking control. The crime's nature is bad, and the blood alcohol concentration is 0.138%, which is very high, are disadvantageous to the defendant.

B. However, in full view of the following circumstances: (a) the Defendant led to the confession of and against the instant crime; (b) the Defendant did not have any significant damage to police officers; (c) the Defendant was punished for obstruction of performance of official duties; and (d) the criminal records related to violence did not have any record of being sentenced to two times before ten years prior to the crime; and (e) other circumstances that form the conditions for sentencing as indicated in the instant pleadings, such as the Defendant’s age, details of the crime, and circumstances after the crime, etc., the sentence of the

C. Therefore, prosecutor's 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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