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(영문) 인천지방법원 2017.09.14 2017노1688
공무집행방해
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal is that the punishment (3,000,000 won) set by the court of the original instance as stated by the court of the original instance is too unfasible and unfair.

2. The criminal liability of the defendant who has committed a crime of obstructing the performance of official duties in a judgment shall not be minor;

However, it seems that the defendant led to the confession and reflect of the crime, and it is difficult for the basic recipient to do so.

There are no criminal records of the same kind, but there are three criminal records of violence, but they are somewhat minor or old as the suspended sentence of 2004, the fine of 500,000 won in 2006, and the fine of 500,000 won in 2010.

The court of the court below rendered the sentence against the defendant by taking account of the aforementioned various positive and negative circumstances.

The judgment below

There is no new circumstance that can be considered in sentencing as a result of the sentence.

In addition, in full view of various sentencing conditions stipulated in Article 51 of the Criminal Act, such as the Defendant’s age, sex, environment, motive, means, and consequence of the commission of the crime, the circumstances before and after the commission of the crime, the lower court’s sentence is not deemed unfair.

3. As such, the prosecutor’s appeal is not reasonable, and it is dismissed in accordance with Article 364(4) of the Criminal Procedure Act.

With respect to litigation costs, the provisions of Article 189 and the proviso of Article 186 (1) of the Criminal Procedure Act shall apply.

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