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(영문) 인천지방법원 2016.09.23 2016노1819
공무집행방해
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (unfair sentencing) is unreasonable as it is too unfasible to the Defendant’s punishment (a prison term of six months, two years of suspended execution, observation of protection, 80 hours of community service, 40 hours of violent therapy, 40 hours of lectures).

2. Although the nature of the instant crime is not very good in light of the content of the instant crime, and there is a need to punish the Defendant to interfere with the performance of official duties in order to establish a state’s legal order, it appears that the Defendant recognized the criminal facts and reflects the depth of the Defendant, the Defendant appears to have expressed his intent to commit the crime committed by a police officer in a serious manner, and there is no criminal conviction exceeding the fine for the Defendant, and other various circumstances that form the conditions for sentencing indicated in the record, such as the Defendant’s age, sex and behavior, environment, motive, means and consequence of the crime, and the circumstances after the crime, etc., the lower court’s punishment is too

Therefore, the prosecutor's assertion is without merit.

3. In conclusion, 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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