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(영문) 의정부지방법원 2015.05.19 2015노162
공무집행방해
Text

The prosecutor's appeal is dismissed.

Reasons

1. The gist of the grounds for appeal is that the lower court’s punishment (two million won of a fine) is too unhued and unreasonable.

2. Determination

A. The instant crime ought to be strictly punished in light of the following: (a) the instant crime was committed against a police officer dispatched upon receipt of a report and the nature of the crime is not good; (b) the Defendant led to confession and reflect on the instant crime; (c) the Defendant did not have any other criminal records other than the one who was punished once by a fine, and there was no previous criminal records for the same kind of crime; (d) the police officer referred to the Defendant as the Defendant and the Defendant’s wife; and (e) other circumstances that form the conditions for sentencing, such as the Defendant’s age, character and conduct, environment, motive, means and consequence of the crime; and (e) the sentence of the lower court is too uneasible and unreasonable.

B. Therefore, prosecutor's assertion is without merit.

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.

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