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(영문) 인천지방법원 2014.11.13 2014노2639
공무집행방해등
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal is unreasonable because the sentence imposed by the court below on the defendant (one year of imprisonment with prison labor for six months and one year of suspended execution) is too unfluent.

2. In full view of the following factors: (a) the Defendant led to the confession of and reflects on the crime; (b) the Defendant did not have any previous conviction except for the Defendant who was sentenced to a fine of KRW 500,000 due to the crime of injury on around 208; (c) the Defendant did not directly assault the police officer; (d) the Defendant did not cause any harm to the police officer due to the Defendant’s crime; and (e) the degree of damage to the public property caused by the Defendant’s crime was not significant; and (e) the Defendant’s age, character and conduct, environment, details of the crime, circumstances after the crime, etc.

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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