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(영문) 광주지방법원 2015.01.22 2014노2936
공무집행방해등
Text

The prosecutor's appeal is dismissed.

Reasons

1. The main point of the grounds for appeal is that the court below's imprisonment (one year of imprisonment) is too unfied and unreasonable.

2. The judgment of the defendant has a record of being punished several times for the same crime, including imprisonment with prison labor. In particular, in the Gwangju District Court, the defendant was sentenced to one year of imprisonment with prison labor for the crime of obstruction of performance of official duties, etc. on December 11, 2013, and on September 14, 2014, when the execution of the sentence was terminated and the repeated crime of this case has not been only one week from the time of release despite the repeated crime. The criminal facts of the above repeated crime of this case also appear to have been committed by the defendant as in the crime of this case, as in the case of the crime of this case, the defendant committed the crime of this case, but it appears that there is no good faith for the defendant. However, considering all of the sentencing conditions of this case, considering the age, character and environment of the defendant, the circumstance and consequence of the crime of this case, the prosecutor's assertion that the above repeated crime of this case is too unreasonable is not justified.

3. In conclusion, the prosecutor's appeal is dismissed in accordance with Article 346 (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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