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(영문) 인천지방법원 2017.04.28 2016노2536

공무집행방해

Text

The prosecutor's appeal is dismissed.

Reasons

1. The main point of the grounds for appeal is that the sentence (3 million won in penalty) imposed by the court below on the defendant is too unhued and unfair.

2. It is recognized that the crime of this case committed against a police officer dispatched upon receiving a report of 112 was not less severe than that of the crime of this case, but, on the other hand, under the influence of alcohol, the defendant committed the crime of this case by contingency, and the police officer does not limit the degree of assault (the 16th page of the evidence record), such as that the defendant directly committed the crime of this case, that the defendant recognized his mistake and reflects the defendant, that the defendant did not have any past record of the crime exceeding a fine, or that there was no past record of the crime of this case in excess of the fine, and all other sentencing conditions as shown in the arguments of this case, such as the defendant's age, sex, criminal behavior, environment, family relationship, health status, the details, motive, means and consequence of the crime, etc., are considered, and thus, it is not recognized that the sentence imposed by the court below is too

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.