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(영문) 인천지방법원 2014.10.17 2014노2570

공무집행방해

Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal is that the instant case wears uniform and uses violence against police officers in the performance of official duties, and the Defendant did not endeavor to recover damage to police officers.

In light of this, the sentence of the court below, which sentenced the defendant to a fine of three million won, is unreasonable compared to the defendant's liability.

2. Taking into account the circumstances alleged by the public prosecutor, considering the fact that the Defendant had no record of criminal punishment prior to the instant case; the Defendant again expressed an attitude of seriously reflecting the Defendant’s wrongness while barring any such mistake; the degree of assault against the police officer is relatively minor; and the Defendant’s motive, motive, means and consequence leading up to the instant crime; the situation before and after the instant crime was committed; the Defendant’s age, character and conduct, environment, and other various circumstances that form the conditions for sentencing as shown in the records and pleadings, it cannot be deemed that the sentence imposed by the lower court is too unreasonable.

The prosecutor's assertion is without merit.

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