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(영문) 인천지방법원 2018.01.11 2017노1235

공무집행방해

Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (unfair sentencing) of the lower court’s sentence (amounting to five million won) is too uneasy and unreasonable.

2. The crime of this case is acknowledged that the Defendant’s act of obstructing the performance of official duties, such as this case, needs to be punished, in order to establish a state’s legal order and eradicate the light of public authority, by preventing the Defendant from standing in front of the patrol patrol vehicle, and placing the police officer who was seated on the patrol vehicle several times.

However, in full view of the following circumstances: (a) the Defendant admitted the instant crime at the time of investigation by an investigative agency; (b) the primary offender; (c) the Defendant was the first offender; (d) the degree of force that the Defendant exercised against the victimized police officer was relatively heavy; and (e) the Defendant’s age, sexual conduct; (c) the motive, means, and consequence of the instant crime; and (d) other various circumstances that are subject to sentencing conditions, such as the circumstances after the commission of the crime, etc.,

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