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(영문) 인천지방법원 2017.06.23 2016노4618
공무집행방해
Text

The prosecutor's appeal is dismissed.

Reasons

1. The sentence (five million won in penalty) that the court below rendered by the court below on the gist of the grounds of appeal is too unhutiled and unreasonable.

2. The Defendant, upon receipt of a report 112, expressed her bath to a police officer dispatched, and obstructed the police officer’s legitimate performance of official duties by walking knee on one occasion.

The crime is not a good crime because of the light of the public authority essential to maintain the order of the state.

The police officer who suffered the damage was punished for the defendant, and the damage was restored.

There is no evidence to see.

When considering these circumstances, the defendant needs to be punished corresponding to the responsibility for the crime.

However, the defendant recognized the crime of this case, and reflects his mistake in depth.

At the time of the instant case, it appears that the occurrence of the instant crime was likely to result in the occurrence of the instant crime, and the degree of the assault used by the Defendant to a police officer is not severe.

There is no other criminal record except that the defendant has been punished by a minor fine (a fine of 300,000 won) for another type of crime.

In full view of the above circumstances, comprehensively taking into account the Defendant’s age, sex, career, environment, family relationship, motive and background of the instant crime, means and methods, results, and the circumstances before and after the instant crime, it cannot be deemed that the sentence imposed by the lower court is too uneasible and unfair.

Therefore, the prosecutor's above assertion cannot be accepted.

3. The appeal by the prosecutor of the conclusion is without merit, and it is dismissed in accordance with Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition.

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