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(영문) 인천지방법원 2017.04.28 2016노4980
공무집행방해
Text

Defendant

The appeal by the prosecutor is dismissed.

Reasons

1. Summary of grounds for appeal;

A. The lower court’s sentence (2 million won) against the Defendant (unfair sentencing) is too unreasonable.

B. The lower court’s sentence against the prosecutor (unlawful in sentencing) is too unhued and unreasonable.

2. The judgment below has a favorable condition to the defendant, such as the defendant's drinking and drinking alcohol, the degree of assault and bathing of this case is not serious, the defendant's total criminal facts are recognized, and reflects all the criminal facts, and there are children with no particular criminal records, and there are children with a physical disability of 1 in order to support the defendant without good economic condition. On the other hand, the crime of this case committed by a police officer dispatched upon receiving a report on domestic violence is not less vulnerable to the nature of the crime of this case. In addition, considering all other circumstances, including the defendant's age, sexual behavior and environment, motive, means and consequence of the crime, and the circumstances after the crime, etc., the defendant's age, sexual behavior and environment, the motive and consequence of the crime, and the circumstances after the crime, etc., all the arguments by the defendant and the prosecutor are without merit.

3. In conclusion, since the appeal by the defendant and the prosecutor is without merit, all of them are dismissed in accordance with Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition.

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