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(영문) 인천지방법원 2014.10.07 2014노2498
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 (one year of imprisonment with prison labor for six months and one year of suspended execution) is too unfluent.

2. The judgment of the court below has four times the records that the defendant was punished as violent crimes, the records of punishment for the same crime are also two times, the possibility of criticism for the crime of this case that interferes with the proper exercise of public authority by police officers, and the nature of the crime is not good in light of the form of the crime. However, considering all the circumstances that the defendant did not recognize and appeal the judgment of the court below, the defendant did not appeal to the judgment of the court below, the defendant has only been punished, the police officer G who is the party to the exercise of tangible power is not in the victim status, but has expressed his intention that the police officer does not want to be punished against the defendant in the court of the court below, even though he is not in the victim status, even though he is not in the victim status, the above police officer did not want to be punished against the defendant. The above police officer did not have any special circumstances or circumstances that can be newly considered after the sentence of the court below, and there is no change in the motive and means of the defendant's character, environment, motive and consequence of the crime of this case, etc.

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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