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(영문) 인천지방법원 2017.03.23 2016노1852
공무집행방해등
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal is that the punishment prescribed by the court of the original judgment (two years of suspended sentence of one year, two years of imprisonment, observation of protection, and 120 hours of community service) is too unfluent and unfair.

2. Although the police continued to engage in an insulting speech to police officers within the earth due to the commission of judgment violence, he/she taken the head of the police officer who prevented him/her from doing so. After being investigated by the police due to the crime of interference with the performance of official duties, he/she assaulted another police officer for only one week after being investigated by the police. Thus, the nature of the crime is not good.

However, it seems that the defendant is led to the confession of the crime, and that he is against the victim, and the victim B does not want the punishment of the defendant.

Although there is a criminal record of a fine for violation of laws and intimidation in width, it is not a recent one, but there is no record of punishment for the same crime that interferes with the performance of official duties.

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, it shall not be deemed that the lower court’s punishment is too uneasible and unfair.

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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