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(영문) 인천지방법원 2018.02.09 2017노3695

공무집행방해

Text

The prosecutor's appeal is dismissed.

Reasons

1. The main point of the grounds for appeal is that the sentence (five million won in penalty) imposed by the court below on the defendant is too unhued and unfair.

2. Although it is recognized that the nature of the crime of this case committed by the police officer who was dispatched after receiving a report on 112 is not weak, the crime of this case was committed in consideration of the fact that the defendant committed a contingent crime under the influence of alcohol, and that the defendant still recognized and reflects his mistake as a student status, and other factors of sentencing specified in the arguments of this case, such as the defendant's age, sex, behavior, environment, family relationship, health status, crime history, motive, means and consequence, etc., it is not recognized that the sentence imposed by the court below is too unjustifiable and unfair.

3. Accordingly, 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.