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(영문) 인천지방법원 2017.01.12 2016노2650

공무집행방해등

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. 판단 피고인이 112 신고를 받고 출동한 경찰관의 머리를 손으로 때리고 가슴팍을 1 회 밀쳐 공무집행을 방해하고, 나 아가 경찰관에게 욕설까지 하여 죄질이 좋지 않다.

However, the defendant is opposed to his confession of crime.

The defendant has no record of criminal punishment prior to the crime of this case.

Although the police officer did not receive a letter from the damaged police officer, it seems that the police officer found the damaged police officer was seriously killed.

The judgment below

There is no change in circumstances that may be considered in sentencing after sentencing.

In addition, in full view of various circumstances, such as the Defendant’s age, sex, motive, means and consequence of the crime, and the circumstances after the crime, etc., the lower court’s punishment appears to be appropriate, and it is not recognized that it is unfair because it is too low.

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.