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(영문) 인천지방법원 2015.06.26 2015노1261
공무집행방해
Text

The prosecutor's appeal is dismissed.

Reasons

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

2. The judgment of the court below is reasonable in full view of all the circumstances such as the defendant's character, environment, criminal records, motive, means and consequence of the crime of this case, etc., and the conditions for the argument of this case and the sentencing specified in the record, including the circumstance after the crime, etc., in light of the following circumstances: (a) the defendant committed the crime of this case and the police officers dispatched after receiving the report, and there is no good quality of the crime; (b) the defendant was punished for the same kind of crime; (c) the defendant recognized the crime of this case and reflects against the defendant; and (d) the relevant police officer was not in the location of injury

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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