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(영문) 대전지방법원 2014.06.19 2013노3156
공무집행방해등
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (the imprisonment of eight months and the suspension of execution of two years) declared by the court below is unreasonable.

2. The judgment of this case is not consistent with the nature of the crime that the defendant, after assaulting a police officer once again, inflicted an injury, such as a non-alleys which require treatment between three weeks, but the defendant seems to have committed an accident under the influence of alcohol and again does not repeat the crime of this case. The defendant deposited 3 million won for the victim, the defendant is in a position to support his mother, and the defendant has been violent force, but the defendant has been over 20 years old and has no criminal power over the past 10 years, and the defendant's age, character and behavior, environment, motive, means, and consequence, various sentencing conditions stipulated in Article 51 of the Criminal Act, such as the defendant's age, character and behavior, environment, motive, means, and circumstance before and after the crime, etc., the prosecutor's assertion of unfair sentencing is without merit, since it is deemed that the defendant's punishment imposed by the court below is too unreasonable.

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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