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(영문) 인천지방법원 2017.10.27 2017노2785

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 (amounting to KRW 3,00,000) is too unhued and unreasonable.

2. Determination is that the illegality of the instant crime that the Defendant assaulted a police officer and obstructed his/her performance of duties, and that the Defendant did not receive a letter from the victimized police officer is disadvantageous to the Defendant.

However, in full view of the circumstances such as the Defendant’s age, sex, occupation and environment, circumstances leading to the instant crime, etc., and various conditions of sentencing as indicated in the records and changes theory, such as the fact that no criminal punishment has been imposed on the Defendant prior to the instant crime, the occurrence of contingent crimes, the Defendant’s late, reflects his mistake, reflects his behavior, and does not repeat the crime in the future, etc., the sentencing judgment of the lower court is deemed reasonable 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.