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(영문) 인천지방법원 2014.09.17 2014노1488
공무집행방해
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (2,000,000 won of fine) of the lower court is deemed to be too unhued and unreasonable.

2. The crime of this case was committed by the Defendant while the Defendant was in a dispute with a taxi engineer, and the offense was committed against the Defendant, and is disadvantageous to the Defendant.

However, in light of the following: (a) the lower court appears to have determined a sentence by fully considering the circumstances unfavorable to the Defendant; (b) the Defendant appears to have no change in circumstances that could change from the original judgment and the punishment; (c) the Defendant committed the instant crime; (d) there was no record of having been sentenced to a fine exceeding the fine except the suspended sentence in around 198; (d) the degree of assault was not significant; and (e) other various sentencing conditions in the records and arguments, such as the Defendant’s age and happiness environment; and (e) the circumstances before and after the commission of the crime, etc., the lower court’s sentence against the Defendant is too unjustifiable and unreasonable.

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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