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(영문) 인천지방법원 2015.06.12 2015노912

공무집행방해

Text

The prosecutor's appeal is dismissed.

Reasons

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

2. In full view of all the circumstances, including the fact that the instant crime was committed by the police dispatched upon receiving the report, and the nature of the crime is not good; the Defendant committed the instant crime even during the suspension period of execution for another crime; however, it is unfavorable for the Defendant to acknowledge and reflect the instant crime; the Defendant also did not cause injury to the pertinent police officer due to the instant crime; and the Defendant’s age, character and conduct, environment, motive, means and consequence of the instant crime; and the circumstances after the crime, etc., which are the conditions for sentencing as indicated in the present argument and the record, the sentence imposed by the lower court against the Defendant is deemed appropriate.

Therefore, the prosecutor's assertion of unfair sentencing 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.