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(영문) 인천지방법원 2017.08.18 2017노668
공무집행방해
Text

The prosecutor's appeal is dismissed.

Reasons

1. The sentence imposed by the court below (6 months of imprisonment and 2 years of suspended execution) is too unhued and unfair.

2. The Defendant, upon receiving a report 112, assaulted a police officer dispatched, and obstructed the police officer’s legitimate performance of official duties by assaulting another police officer even when he was arrested in an act in the act of committing the above crime and was in contact with the earth.

The crime is not a good crime because of the light of the public authority essential to maintain the order of the state.

The police officers who suffered damage wanted to punish the defendant, and have recovered from the damage.

There is no evidence to see.

When considering these circumstances, the defendant needs to be punished corresponding to the responsibility for the crime.

However, the defendant recognized the crime of this case, and reflects his mistake in depth.

At the time of the instant case, it appears that the occurrence of the instant crime was likely to result in the occurrence of the instant crime, and the degree of the assault used by the Defendant to police officers is not severe.

There is no criminal record who has been punished by the defendant for interfering with the execution of public duties or heavier punishment.

In full view of the above circumstances, comprehensively considering the Defendant’s age, sex, career, environment, family relationship, motive and background of the instant crime, means and method, results, and all the sentencing conditions as shown in the present case’s records and arguments, the sentence imposed by the lower court cannot be deemed unfair because the sentence is too uneasible.

Therefore, the prosecutor's above assertion cannot be accepted.

3. The appeal by the prosecutor of the conclusion is without merit, and it is dismissed in accordance with Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition.

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