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(영문) 광주지방법원 2015.05.19 2014노1882
공무집행방해
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (the first instance court: the second instance court; the second instance court; the imprisonment for 8 months; the suspension of execution for 2 years; the probation, and the alcohol treatment lectures) of the lower court is deemed to be too uneasy and unreasonable.

2. The judgment of the court below is based on the following factors: (a) the Defendant has been punished twice for the same crime; (b) the Defendant has been sentenced to suspended sentence; (c) the Defendant seriously reflects the offense; (d) the Defendant is receiving a regular alcohol treatment from September 14, 2014; and (e) the victims of the judgment of the court of first instance agreed with the victims of the judgment; (b) the first judgment deposited KRW 1 million for the victims of the judgment of the court of first instance; (c) the favorable sentencing factors, such as the fact that the Defendant committed the instant crime while suffering from alcohol poisoning while supporting his wife who is in physical state of mental disorder 1; (d) the Defendant’s age, character and behavior, environment, motive, means and consequence of the instant crime; and (e) the scope of recommended sentencing guidelines ( January 1 to August 8).

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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