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(영문) 인천지방법원 2015.11.20 2015노2861
공무집행방해
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal is unreasonable because the penalty (one million won of a fine) declared by the court below against the defendant is too unfilled.

2. In full view of all the circumstances, such as the circumstances that led to the instant crime, which led to the assault of the police at the police force voluntarily driven by the police after receiving the report, and the nature of the crime is not good, etc., but in light of the following: (a) the Defendant recognized the instant crime and reflects against the Defendant; (b) the Defendant was the first offender who has no record of criminal punishment; (c) the Defendant was not in the location of the injury to the pertinent police due to the instant crime; and (d) the Defendant’s character and conduct, environment, motive, means and consequence of the instant crime; and (e) the motive, means and consequence of the instant crime; and (e) the circumstances after the crime, etc

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.

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