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(영문) 서울중앙지방법원 2014.04.03 2014노344

공무집행방해등

Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (e.g., inasmuch as the Defendant had a very same criminal record, and committed the instant crime even after having been sentenced to a fine once again while repeating a repeated crime during the period of a repeated crime, etc., the sentencing of the lower court is too unreasonable.

2. Although the prosecutor’s decision on the grounds of appeal is not acceptable, on the other hand, the circumstances alleged by the prosecutor as the grounds of appeal are not acceptable, in full view of the following: (a) the defendant recognized his mistake and reflects in depth; (b) the defendant has compensated and agreed on the victim D; and (c) the defendant’s age, character and conduct, environment, motive, means and consequence of the crime; and (d) other circumstances that form the conditions for sentencing as indicated in the present arguments and records, including the defendant’s age, character and conduct, motive and consequence of the crime; and (b) even considering the circumstances alleged by the prosecutor as the grounds of appeal, it is not recognized that the

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