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(영문) 인천지방법원 2015.06.26 2015노1150
공무집행방해
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 Defendants (each of four months of imprisonment, one year of suspended execution, one year of social service work, 40 hours) is too unfasible.

2. In full view of all the circumstances, including the Defendants’ age, character and conduct, environment, criminal records, motive, means and consequence of the instant crime, etc., as well as the conditions for the pleadings and the sentencing indicated in the record, it is acknowledged that the sentence imposed by the lower court against the Defendants is adequate, in full view of the following: (a) the Defendants committed the instant crime, which is disadvantageous to the police officer demanding a drinking test; (b) the Defendants recognized the instant crime; and (c) the Defendants did not have serious injuries due to the instant crime; and (d) the Defendants’ age, character and conduct, environment, criminal records, motive and means of the instant 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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