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(영문) 인천지방법원 2015.04.10 2015노228

공무집행방해

Text

The prosecutor's appeal is dismissed.

Reasons

1. The main point of the grounds for appeal is as follows: (a) the lower court’s punishment (fine 3,000,000) is too unhued and unreasonable.

2. The crime of this case is deemed to be an act of assaulting a police officer without any justifiable reason while being transferred from a police officer who received a report under the influence of alcohol to a police zone and being taken protective measures, and the nature of the crime is not good in light of the circumstances and contents of the crime. However, in full view of the following factors: (a) the Defendant led to the crime of this case; (b) the Defendant is committing the crime of this case; (c) the Defendant has no record of criminal punishment except that sentenced to a fine twice due to the crime of drunk driving; and (d) other various sentencing conditions in the records and arguments, such as the Defendant’s age and behavior environment; and (b) the circumstances before and after the crime

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.