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(영문) 전주지방법원 2015.10.14 2015노675
업무방해등
Text

The prosecutor's appeal is dismissed.

Reasons

1. The lower court’s sentence (five million won of a fine) against the Defendant as to the summary of the grounds for appeal is too unhued and unreasonable.

2. The crime of this case is deemed to have been committed by the defendant in a restaurant during the period of repeated crime and assaulting the police officer who intends to restrain it. However, even though it is not good that the defendant recognized all the crimes of this case, the defendant's mistake is divided in depth, the defendant's life is committed in good faith without committing any crime again, the defendant does not want the punishment against the defendant, the defendant deposited part of the money for the damaged police officer G, there is no record of criminal punishment against the defendant due to violent crime, and there is no record of punishment heavier than suspended sentence due to violent crime, and other various sentencing conditions as shown in the argument of this case, such as age, criminal records, character and behavior, environment, family relationship, motive and circumstance of the crime, etc., it is not recognized that the sentence imposed by the court below is too inappropriate and unreasonable. Thus, the prosecutor's allegation above is without merit.

3. According to the conclusion, the prosecutor's appeal of this case is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act, since the prosecutor's appeal of this case is without merit.

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