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(영문) 서울동부지방법원 2015.01.08 2014노1244
위계공무집행방해등
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (two years of suspended sentence in October, probation, community service order 80 hours, and 40 hours of alcohol therapy) declared by the court below is too unfasible and unreasonable.

2. The crime of this case was committed on two occasions by the Defendant’s false report that “A child was missing,” thereby making the police officer, etc. search the Manle part of the reported site and insulting the police officer upon receiving a report, and thus, the nature of the crime is not weak, and there is a record of criminal punishment several times due to the same and different crimes. However, there is no record of criminal punishment as to the Defendant’s confession of the crime of this case, and there is no record of criminal punishment heavier than punishment, and there is no record of criminal punishment as to the crime of obstruction of the performance of justice by deceptive means, 50,00 won was deposited for the victimized police officer of the crime of insult, 2 months or more until the judgment of the court below is rendered, and considering the Defendant’s age, character, character, environment, motive, means, result, etc., and the circumstances after the crime of this case, it is not determined that the sentence of the court below is unreasonable to the extent that punishment should be reversed.

An appeal by a public prosecutor shall be groundless.

3. Accordingly, the prosecutor’s appeal is dismissed in accordance with Article 364(4) of the Criminal Procedure Act on the grounds that the appeal is groundless. It is so decided as per Disposition.

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