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(영문) 인천지방법원 2017.11.10 2017노1820

공무집행방해

Text

The prosecutor's appeal is dismissed.

Reasons

1. The main point of the grounds for appeal is that the lower court’s punishment (4 million won in penalty) is too unhued and unreasonable.

2. The circumstances that are disadvantageous to the Defendant are that the illegality of the instant crime by walking two times with the police officers wearing a uniform, is not weak, and that there is no agreement with the damaged police officers, etc.

On the other hand, the fact that the crime of this case occurred contingent, that the defendant repents and reflects his mistake late, and that the defendant has no record of being punished as a crime of violence or a crime of obstructing the performance of official duties after being punished before 26 years, etc. are favorable to the defendant.

In addition to the above circumstances, considering various sentencing conditions as shown in the records and arguments of this case, such as the defendant's age, sexual conduct, environment, motive and means of crime, the judgment of the court below is deemed appropriate within the reasonable scope of discretion.

Therefore, we cannot accept the prosecutor's unfair argument of sentencing.

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.