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(영문) 인천지방법원 2015.06.19 2015노1022

공무집행방해등

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. The instant crime was committed by the police officer upon receipt of the report, and was destroyed or damaged by the police officer’s mobile phone during the process of stopping evidence collection, and is not good in the nature of the crime, and the Defendant committed the instant crime even during the suspension period of execution due to other crimes, which is disadvantageous to the Defendant.

However, in full view of the following circumstances: (a) the Defendant recognized the instant crime; (b) the Defendant did not have serious injuries to police officers due to the instant crime; (c) the Defendant deposited part of the money for the pertinent police officer; and (d) the Defendant’s age, character and conduct, environment, motive and means of the instant crime; and (c) the motive and consequence of the instant crime; and (d) the circumstances after the commission of the crime, etc., the sentence imposed by the lower court against the Defendant is deemed reasonable.

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.