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(영문) 전주지방법원 2015.10.14 2015노700
공무집행방해등
Text

The prosecutor's appeal is dismissed.

Reasons

1. The main point of the grounds for appeal is that the lower court’s punishment (limited to eight months of imprisonment, one year of suspended execution, and eight hours of community service order) is too unhued and unreasonable.

2. The crime of this case was committed in full view of all the sentencing conditions indicated in the records and arguments of this case, including the defendant's age, character and behavior, living environment, relationship with the victim, the means and result of each of the crimes of this case, and the circumstances after the crime, etc., and thus, it cannot be deemed unfair because the sentence of the court below is too unreasonable, in light of the following: (a) the defendant committed the crime of this case, which was committed against his duty by assaulting the police officer who was dispatched after receiving the report, and thus obstructing the performance of his duties; (b) the defendant led to the confession of the crime of this case; (c) there was no record of punishment for the same kind of crime; (d) the victim C of the damage to property; and (e) he made efforts to recover from damage

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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