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(영문) 인천지방법원 2015.07.17 2015노1588
공무집행방해
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal is unreasonable, because the penalty imposed by the court below on the defendant (a fine of 500,000 won) is too unfilled.

2. In full view of the following circumstances: (a) the crime of this case was committed by assaulting a police officer who was dispatched, and the nature of the crime is not good; (b) the Defendant recognized the crime of this case and reflects it when it comes to the trial; (c) the Defendant was punished beyond a fine or has no record of criminal punishment for the same kind of crime; and (d) the Defendant’s character and conduct, environment, motive and means of the crime of this case, as well as the circumstances after the commission of the crime, etc., and all the circumstances constituting the conditions of the argument of this case and the sentencing

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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