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(영문) 인천지방법원 2016.08.17 2016노1081
공무집행방해
Text

The prosecutor's appeal is dismissed.

Reasons

1. The lower court’s sentence (two years of suspended sentence, two years of probation, observation of protection, one hundred and twenty hours of community service order, and forty hours of lecture for violent treatment in the period of imprisonment with prison labor for six months) is too unfluent and unreasonable.

2. The judgment of this case is an unfavorable circumstance that the police officer who received a report was not subject to assault due to a crime committed against the police officer, and that the defendant was punished by a fine of KRW 7 million for the same crime.

However, considering favorable circumstances, such as the confession of the instant crime and the Defendant’s mistake in depth, the same criminal record is for 200 years, and the risk of recidivism, the court below appears to have already been imposed an order to observe the protection, and attend school for violent treatment in consideration of the risk of recidivism, and other factors of sentencing as indicated in the records and theories of this case, such as the Defendant’s age, sex, behavior, occupation and environment, motive and circumstance leading to the instant crime, and circumstances after the instant crime, etc., the court below’s punishment is too uneasible and unreasonable. Thus, 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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