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(영문) 의정부지방법원 2015.05.08 2015노451
공무집행방해
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal is unreasonable as the penalty imposed by the lower court (three million won of a fine) is too unfilled.

2. In light of the contents, method, and result of the crime of this case, the circumstances unfavorable to the defendant are recognized, such as the crime of this case, which is not less than the light of the contents, method, and consequence. However, the defendant confessions the crime of this case and statements that he reflects his mistake in depth, contingent crimes are only one time the punishment power due to the violation of the Road Act was not established, and the opening circumstances are significant, and the court below did not have any circumstance to deem that the judgment of the court below is remarkably unfair, considering the defendant's overall circumstances, it appears that the decision of the court below is determined by the fine after sufficiently taking into account the defendant's various circumstances, and there is no reason to view that the punishment of this case is remarkably unfair. In full view of the general sentencing in the same or similar case, the ordinary sentencing of the defendant, the defendant's age, character and character, intelligence and environment, the motive, means and result of the crime of this case, the situation, criminal record, family relation, etc. after the crime of this case, the judgment of the court below is proper and too unfair.

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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