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(영문) 인천지방법원 2015.05.14 2014노4618
위계공무집행방해등
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (one year of imprisonment, two years of suspended execution, and 120 hours of community service) that the court below sentenced the defendant is too unhued and unreasonable.

2. In full view of all the circumstances, including the Defendant’s age, character and conduct, motive, means and consequence of the instant crime, the following circumstances, etc., the lower court’s sentence is too unjustifiable, and thus, cannot be deemed unreasonable, considering the following: (a) the Defendant filed a false report on 112 occasions over 24 times in one month; (b) the Defendant is led to confession and reflect by the Defendant; (c) the Defendant has no record of punishment exceeding the fine; and (d) the Defendant was detained for 3 months and 16 months due to the instant case.

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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