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(영문) 서울중앙지방법원 2014.04.04 2013노4460
공무집행방해등
Text

All appeals filed by the prosecutor against the Defendants are dismissed.

Reasons

1. The sentencing of the first instance court (the probation period of 2 years and 120 hours in October) against the Defendants in the summary of the grounds for appeal is unreasonable.

2. Although the nature of the Defendants committed each of the instant crimes even though they had the same criminal history, and again committed each of the instant crimes, the Defendants’ nature and degree of damage, degree of efforts to recover damage to the Defendants, in particular, the Defendants appear to have been under investigation and trial in depth for 68 days before and again appear to not repeat again, and in full view of all other circumstances that form the conditions for sentencing indicated in the records, such as the age, character and conduct, environment, family relationship, etc. of each Defendant, the sentencing of the first instance court against the Defendants cannot be deemed unfair, and thus, the Prosecutor’s allegation of unfair sentencing is without merit.

3. In conclusion, the prosecutor's appeal against the defendants is without merit, and all appeals are dismissed in accordance with Article 364 (4) of the Criminal Procedure Act.

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