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(영문) 인천지방법원 2015.05.14 2014노4256

공무집행방해

Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal that the court below sentenced the defendant to the penalty (4 million won of a fine) is too unhued and unfair.

2. In full view of various circumstances, including the Defendant’s age, character and conduct, motive, means and consequence of the instant crime, etc., the lower court’s punishment is too unreasonable, and thus, cannot be deemed unreasonable, taking into account the following circumstances: (a) although the Defendant’s act of force, such as receiving the horses of police officers in uniform, the Defendant’s confession and reflects the instant crime; (b) the Defendant was punished beyond the fine; and (c) the Defendant’s age, character and conduct, motive, means and consequence of the instant

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.