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(영문) 서울동부지방법원 2014.08.13 2014노596
공무집행방해등
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 years of suspended sentence for eight months of imprisonment, two years of probation, and one hundred and twenty hours of community service order) is too unhued.

2. The crime of this case was committed in a part of the circumstances unfavorable to the defendant, such as the defendant's 49 million won or more as a matter of drinking value at singing, and the defendant's spitation, etc. took a bath to the police officer who called out after being reported, and the crime of this case was committed on the part of the defendant, such as spitation, etc., which interfered with the performance of official duties, such as spitation, etc., and that the defendant recovered damage to the victim G or was not used, but there was no record of punishment for the crime of this case, which reflects the defendant's wrong and there was no record of punishment for the suspended sentence or heavier punishment for the crime of violence, which seems to lead to the crime of this case. The defendant's losses are relatively minor; the defendant recovered from the victim D's damage equivalent to 2.5 million won, and other favorable circumstances such as the motive, means and consequence of the crime of this case, degree of participation, circumstances after the crime, the defendant's age, character, environment, and criminal record, 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. It is so decided as per Disposition.

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