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(영문) 인천지방법원 2018.01.31 2017노4692
공무집행방해
Text

All appeals by the defendant and the prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. Although the Defendant did not assault the police at the time of the instant case, the lower court found the Defendant guilty of the instant facts charged, it erred by misapprehending the facts, thereby adversely affecting the conclusion of the judgment.

(2) The sentence (4 months of imprisonment) imposed by the lower court on the Defendant is too unreasonable.

B. The prosecutor (unfair sentencing)’s sentencing that the court below decided against the defendant is too unhutiled and unfair.

2. Determination

A. According to the evidence duly admitted and examined by the lower court regarding the Defendant’s assertion of mistake of facts, the lower court fully admitted the facts of assault as stated in the instant facts charged to G during the dispatch of the Defendant after receiving the 112 report.

Therefore, the defendant's assertion of facts is without merit.

B. There is no change of circumstances to consider the sentencing after the judgment of the court below regarding both parties’ unfair argument of sentencing, and considering the various conditions of sentencing as shown in the records and arguments in the instant case, even considering the circumstances alleged by the Defendant and the prosecutor on the grounds of appeal, the court below’s punishment against the Defendant is too heavy or too unreasonable.

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

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