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(영문) 인천지방법원 2017.12.22 2017노3373
공무집행방해
Text

The prosecutor's appeal is dismissed.

Reasons

1. The main point of the grounds for appeal is that the sentence (five million won in penalty) imposed by the court below on the defendant is too unhued and unfair.

2. Although the nature of the instant crime committed by assaulting and threatening a police officer dispatched upon receiving a report of 112, it is deemed that the crime is not somewhat weak, on the other hand, that the Defendant committed a contingent crime under the influence of alcohol, and did not focus on the degree of violence directly used, that the Defendant acknowledges and reflects his mistake, that there is no particular record of crime except for a case where the fine was imposed due to violent crime in 190, and that there is no other specific record of crime other than the Defendant’s age, sex, sex, environment, family relationship, health condition, crime history and motive, means and consequence, etc., the sentence imposed by the lower court is too uneasible and unfair.

3. Accordingly, 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.

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