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(영문) 인천지방법원 2014.02.07 2013노3115

공무집행방해

Text

The prosecutor's appeal is dismissed.

Reasons

1. The decision of the court below on the summary of the grounds for appeal (the prosecutor, the decision of the court below on the grounds of unfair sentencing (the imprisonment for four months, the suspension of execution of one year, the probation, the social service hours) is too uneased and unfair.

2. The judgment of the court below is that the defendant committed the crime of this case with the desire of the police officer sustaining him to return home, and committed the assault by the police officer again after he was arrested as a flagrant offender, and the nature of the crime is not good. The defendant was punished twice as a fine for the same kind of crime, which is disadvantageous to the defendant, or under favorable circumstances, such as that the defendant led to confession and reflects the crime of this case, and there is no serious criminal record exceeding the fine, and other favorable circumstances, including the balance with the criminal punishment for other crimes similar to the crime of this case, including the defendant's age, character and behavior, environment, circumstances and results of the crime of this case, and all of the sentencing conditions specified in the records and arguments, such as the following circumstances, it is recognized that the sentence imposed by the court below is appropriate, and thus the defendant's assertion of unfair sentencing is not justified.

3. In conclusion, the prosecutor's appeal is dismissed as it is without merit. It is so decided as per Disposition.