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(영문) 인천지방법원 2015.09.18 2015노271
공무집행방해
Text

The prosecutor's appeal is dismissed.

Reasons

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

2. In full view of all the circumstances, such as the fact that the crime of this case was committed by the police dispatched upon receiving the report, and the nature of the crime is not good, but the defendant's recognition of and reflects against the crime of this case, the crime of this case was not in the location of the pertinent police officer's injury due to the crime of this case; there was no record of criminal punishment imposed or exceeding the fine; the defendant's character and conduct, environment, motive, means and consequence of the crime of this case; and other circumstances that form the conditions for the argument of this case and the sentencing specified in the record, including the circumstances after the crime, it is recognized that the punishment of the court below

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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