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(영문) 인천지방법원 2015.04.24 2014노4498
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 defendant (two months of imprisonment and two years of suspended execution) is too unfased.

2. The judgment of the court below is reasonable in full view of all the circumstances, such as the defendant's character and conduct, environment, motive and means of the crime of this case, circumstances after the crime of this case, etc., and the conditions of sentencing as shown in the arguments and records, where the court below's sentence against the defendant is deemed appropriate, considering that the defendant committed an assault against the police dispatched upon receiving the report, and the nature of the crime of this case is not good.

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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