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(영문) 인천지방법원 2017.06.30 2017노439
공무집행방해
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (the suspended sentence: a fine of three million won) imposed by the court below on the defendant is too unhutiled and unfair.

2. The crime of this case committed by a police officer who was dispatched upon receiving a report 112 does not seem to be weak, and in particular, even though the defendant was found to have committed the above crime as a public official, the defendant was found to have committed the above crime, and on the other hand, under the influence of alcohol at the time of the crime, the defendant committed a contingent crime against a police officer who called for security guards and vagabonds around his apartment site, and the degree of violence is minor, and the damaged police officer wanted to commit the defendant's mistake, recognized the defendant's mistake and against himself, and there is no past record of the previous crime of this case, and considering all the sentencing conditions as shown in the arguments of this case, such as the defendant's age, sex, criminal conduct, environment, family relationship, health status, the details and motive of the crime, means and result, etc., it is not recognized that the sentence imposed by the court below is unfair because it is too unfford.

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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