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(영문) 인천지방법원 2017.12.01 2017노3062
공무집행방해등
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (one year of suspended sentence, one year of probation, and one year of observation of protection and treatment order) imposed by the court below on the defendant is too uneasible and unfair.

2. Although it is recognized that the nature of the crime of this case committed by the police officer who received a report on 112 and assaulted the face of the police officer without any particular reason, the crime of this case is not weak. Meanwhile, it is not recognized that the defendant committed a contingent crime under the mental and physical influence of alcohol, the defendant recognized his mistake and reflects it, the defendant did not have any record of crime exceeding the fine prior to the instant case, and other sentencing conditions specified in the arguments of this case, such as the defendant's age, sex, sex, environment, family relationship, health status, details and motive of the crime, motive, means and consequence, etc., it is not recognized that the sentence imposed by the court below is too unreasonable.

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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