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(영문) 서울중앙지방법원 2018.05.03 2018노7

공무집행방해등

Text

The prosecutor's appeal is dismissed.

Reasons

1. The sentence (3 million won in penalty) declared by the court below on the gist of the grounds of appeal is deemed to be too unhutiled and unfair.

2. The crime of this case is very poor in the nature of the crime of this case where the police officer, who duly performed official duties due to his uniform lapsing, takes a bath against the police officer, and received a warning against the police officer, resulting in an injury at the time of the police officer’s booming.

However, the Defendant did not have any criminal record, recognized all the crimes, and reflects the wrongness, while under the influence of alcohol, it appears to have caused a little contingent crime of this case, and the degree of injury to the victim is not severe.

In full view of the above circumstances, the Defendant’s age, sex, environment, and circumstances after the commission of the crime, and all the sentencing conditions indicated in the records of the instant case, it cannot be deemed unfair as the sentence imposed by the lower court is too uneasible.

3. The appeal by the prosecutor of the conclusion is without merit and is dismissed in accordance with Article 364(4) of the Criminal Procedure Act.