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(영문) 인천지방법원 2014.11.28 2014노3236

공무집행방해

Text

The prosecutor's appeal is dismissed.

Reasons

1. The main point of the grounds for appeal is that the lower court’s punishment (fines 7,00,000) is too unhued and unreasonable.

2. While the Defendant had been sentenced to a fine several times due to the crime of violence, the fact that the Defendant again committed the instant crime during the grace period is disadvantageous to the Defendant even though he was subject to a heavy disposition of suspended sentence due to the crime of this type.

However, in full view of the following: (a) the Defendant committed the instant crime; (b) the Defendant’s perception of the mistake; (c) the degree of tangible force used by police officers is not serious; and (d) other various sentencing conditions as shown in the records and pleadings, such as the Defendant’s age and happiness environment; and (c) circumstances before and after the commission of the instant crime, the lower court’s punishment against the Defendant is too uneas

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.