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(영문) 인천지방법원 2017.06.09 2016노3328
공무집행방해
Text

The prosecutor's appeal is dismissed.

Reasons

1. The main point of the grounds for appeal is that the lower court’s punishment (4 million won in penalty) is too unhued and unreasonable.

2. The crime of this case was committed by the Defendant upon receiving a report, and the nature of the crime is not good and the degree of illegal act is not that of the Defendant’s assault.

However, in full view of the following: (a) there is no record of punishment for the defendant for the same crime; (b) there is no record of punishment other than the punishment for a minor fine (amounting to 300,000 won), and (c) there is no other record of punishment other than the punishment for the defendant once due to a minor fine; and (d) the defendant later repents his mistake and reflects his mistake; and (e) all the sentencing conditions of the defendant in the records and theories of this case, including the defendant's age, sex, environment, circumstances of the crime, and circumstances after the crime, etc., the sentence imposed by the court below cannot

Therefore, we cannot accept the prosecutor's unfair argument of sentencing.

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

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