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(영문) 인천지방법원 2018.04.05 2017노3748
공무집행방해
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (unfair sentencing) that the court below rendered against the defendant is too unfasible and unfair.

2. The judgment is a repeated crime due to current violent crimes. The defendant is currently under the period of repeated punishment. In this case, the police officer exercising public power was assaulted once, and strict punishment is required. However, in full view of the fact that the defendant's perception of mistake from the police investigation is against depth, the degree and result of the assault seems to be very serious, and all kinds of sentencing conditions indicated in pleadings, such as the defendant's age, sex, conduct, environment, means and method of the crime, result, etc., the sentence imposed by the court below is too uneasy and unfair.

Therefore, 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 (Article 189 of the Criminal Procedure Act on the costs of lawsuit).

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