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(영문) 인천지방법원 2019.01.25 2018노2660

공무집행방해

Text

The prosecutor's appeal is dismissed.

Reasons

1. The gist of the grounds for appeal is that the lower court’s punishment (three million won of a fine) is too unhued and unreasonable.

2. The Defendant assaulted a police officer called out after receiving a report while driving on the road under the influence of alcohol. In light of the process leading up to the instant crime and the method of the commission of the crime, even though the nature of the crime is inferior in light of the circumstances leading up to the instant crime, the Defendant has no record of criminal punishment, and the sentencing conditions stated in the records, such as the Defendant’s age, character and conduct, environment, circumstances leading up to the crime, and circumstances after the commission of the crime, etc., the lower court’s punishment is deemed unreasonable.

3. In conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act since it is without merit. It is so decided as per Disposition.