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(영문) 인천지방법원 2017.10.20 2017노2646

공무집행방해등

Text

All appeals by the defendant and the prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The lower court’s punishment (the amount of KRW 5 million) against the Defendant (unfair sentencing) is too unreasonable.

B. The lower court’s sentence against the prosecutor (unlawful in sentencing) is too unhued and unreasonable.

2. In full view of various circumstances, such as the Defendant’s age, sex and environment, motive, means and consequence of the commission of the crime, and the circumstances after the commission of the crime, it does not seem that the lower court’s punishment is too heavy or unreasonable, and thus, it cannot be deemed that the Defendant’s act of directly putting the police officer, which wear a uniform, has a strong need to be punished. On the other hand, the Defendant has no history of criminal punishment within the last ten years, and the confession and reflects the Defendant’s crime, and the injury is minor, and the Defendant’s age, sex and environment, motive, means and consequence of the crime, etc.

3. If so, the appeal by the defendant and the prosecutor is without merit, and all of them are dismissed in accordance with Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition.