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(영문) 서울중앙지방법원 2015.02.13 2014노4843
공무집행방해등
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (e.g., imprisonment with prison labor for four months, suspension of execution for two years, probation, social service hours) of the first instance court against the accused is deemed unreasonable.

2. In full view of the circumstances leading up to the judgment in this case, the attitude of the defendant's act and degree of damage, the criminal records of the same kind of crime committed against the defendant are several times, but no obstruction of performance of official duties exists, and the defendant is divided into three hundred thousand won in depth with regard to this case, the defendant's death and her deposit of KRW 300,000 to the victimized police officer, and other various circumstances which form the conditions for sentencing as shown in the records, such as the defendant's age, character and conduct, environment, family relationship, and circumstances after the crime, the first instance court's sentencing against the defendant cannot be deemed unfair, and thus

3. In conclusion, the prosecutor's appeal is dismissed under Article 364 (4) of the Criminal Procedure Act on the ground that it is without merit.

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