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(영문) 인천지방법원 2015.05.22 2015노134
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. The judgment of the court below is reasonable in light of the following circumstances: (a) the fact that the crime of this case was committed by assaulting the police dispatched upon receiving the report; (b) the defendant recognized the crime of this case and reflects the defendant; (c) the defendant has no record of punishment for the same kind of crime; (d) the degree of damage by the police in question; (e) the defendant's age, character and conduct; (e) the motive and means of the crime of this case; and (e) the motive and means of the crime of this case; and (e) the circumstances after the crime

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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