beta
(영문) 인천지방법원 2017.11.17 2017노2883

업무방해등

Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal that the court below rendered by the defendant is too unfilled and unfair.

2. Although the contents of the Defendant’s each crime, the nature of the crime of this case, such as assaulting a police officer dispatched upon receiving a report 112, etc., is not easy to commit the crime of this case, and the damaged police officer wanting to commit a severe punishment, the fact that the Defendant committed a contingent crime under the influence of alcohol, recognized the Defendant’s mistake and reflects it, and there are no particular criminal records prior to the instant transfer, and other factors of sentencing as indicated in the arguments of this case, such as the Defendant’s age, sex, sex, environment, family relationship, health status, crime history and motive, means and consequence, etc., it is not recognized that the sentence imposed by the lower court is unfair because the sentence imposed by the Defendant is too unfeasible.

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.