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(영문) 수원지방법원 2015.06.11 2014노6361
특수공무집행방해등
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (limited to eight months of imprisonment, two years of suspended execution, and one hundred and twenty hours of community service) declared by the court below is too uneasy and unreasonable.

2. The judgment of the Defendant has a record of being punished by a fine due to the crime of violence, etc., and the crime of this case is committed against the Defendant, such as the fact that the police officers performing official duties were able to engage in a serious bath while committing a crime, and that the crime is not good.

However, in full view of the fact that the defendant has no history of punishment for the same kind of crime, the defendant seems to have committed the crime of this case by contingency under the influence of alcohol, the defendant's mistake was divided, reflected, and killed to police officers, and the police officers seek the defendant's wife against the defendant, and other various sentencing conditions such as the defendant's age, environment, character and conduct, it is difficult to see that the court below's sentencing is too unreasonable, and therefore, the prosecutor's above assertion is without merit.

3. In conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the ground that it is without merit. It is so decided as per Disposition.

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