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(영문) 인천지방법원 2016.12.02 2016노3581
공무집행방해
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal that the court below sentenced the defendant to the penalty (4 million won of a fine) is too unhued and unfair.

2. The judgment does not seem to be against the law in that the defendant assaulted a police officer who moved to the scene without any particular reason to obstruct the police officer's performance of official duties. However, considering the fact that the defendant recognized his mistake and reflects the defendant, there is no record of criminal punishment for the same kind of crime, the degree of assault is relatively heavy, and other sentencing conditions specified in the argument of this case, such as the defendant's age, character and conduct, environment, background, motive, means and consequence of the crime, etc., it is not recognized that the sentence imposed by the court below is too unreasonable.

3. Therefore, 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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