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(영문) 인천지방법원 2017.10.20 2017노2830
공무집행방해
Text

The prosecutor's appeal is dismissed.

Reasons

1. The main point of the grounds for appeal is that the sentence (4 million won in penalty) imposed by the court below on the defendant is too unhued and unfair.

2. Although it is recognized that the nature of the crime of this case committed by the police officer who received a report on 112 and assaulted the face of the police officer, the crime of this case is not easy. Meanwhile, considering the fact that the defendant committed a crime under the influence of alcohol and has no particular criminal history prior to the instant case, the defendant's age, sex, sex, environment, family relationship, health status, details and motive of the crime, means and consequence of the crime, and all of the sentencing conditions stated in the instant argument, such as the circumstances after the crime, it is not deemed that the sentence imposed by the court below is too unreasonable.

3. Accordingly, 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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