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(영문) 인천지방법원 2018.02.22 2017노3291
공무집행방해등
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (unfair sentencing) of the lower court’s sentence (amounting to five million won) is too uneasy and unreasonable.

2. Determination of the crime of this case is acknowledged that the crime of this case is committed with the desire of the police officer dispatched by the defendant upon receiving a report and the use of violence, and that the crime of obstructing the performance of official duties, such as this case, needs to be punished strictly in order to establish the legal order of the State and eradicate the light of public authority, and that the defendant has been punished several times for violent crimes.

However, in full view of the following circumstances: (a) the Defendant recognized the instant crime and is against the Defendant; (b) the victimized police officer did not request the Defendant to punish; (c) the Defendant did not have any history of punishment exceeding the suspended execution; and (d) the Defendant’s age, sex, motive, means and consequence of the instant crime; and (c) other circumstances that are conditions for sentencing, such as the circumstances after the instant crime, the sentence imposed by the lower court is too uneasible and unreasonable.

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.

Provided, That the burden of litigation costs shall be governed by the proviso of Article 186 (1) and Article 189 of the Criminal Procedure Act.

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