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(영문) 인천지방법원 2014.09.18 2014노1289
공무집행방해
Text

The prosecutor's appeal is dismissed.

Reasons

1. The main point of the grounds for appeal is that the sentence imposed by the court below on the defendant (two months of imprisonment and two years of suspended execution) is too unhued and unfair.

2. The judgment of the court below is not too minor to the extent that the sentence of the court below against the defendant exceeded a reasonable discretion in the decision of sentencing, considering the following factors: (a) the defendant's appearance of the crime of this case is not good, (b) the defendant was punished as a crime causing obstruction of performance of official duties, (c) the defendant's mistake is against himself; (d) the court below deposited KRW 50,000 for the victim; and (e) other sentencing conditions such as the circumstances of the crime of this case, the means and method of the crime of this case, (e) the circumstances after the crime of this case, (e) the defendant's age, character and behavior, environment, occupation, family relation, 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.

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