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(영문) 인천지방법원 2015.04.10 2015노269
공무집행방해
Text

The prosecutor's appeal is dismissed.

Reasons

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

2. However, under the influence of alcohol, the Defendant took a bath and assault against a police officer called out after receiving a report during the time when he was under the influence of alcohol due to his business owner and alcohol value. However, in light of the circumstance and content leading to such crime, methods of crime, etc., the nature of the crime is poor. However, the Defendant has no record of being punished for the same crime, there is no record of punishment for the same crime, and other various sentencing conditions as shown in the records and arguments, such as the Defendant’s age and happiness environment, circumstances before and after the crime, etc., it cannot be deemed that the Defendant’s sentence against the Defendant is too unreasonable.

3. If so, the prosecutor's appeal is without merit, and it is dismissed under Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.

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