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(영문) 인천지방법원 2016.11.16 2016노2179
공무집행방해
Text

The prosecutor's appeal is dismissed.

Reasons

1. The main point of the grounds for appeal is as follows: (a) the lower court’s sentence of KRW 4 million (the suspended sentence of a fine of KRW 4 million) is too uneasible

2. Determination of the instant crime is an unfavorable circumstance that requires strict punishment for the crime of obstruction of performance of official duties against a police officer dispatched after receiving a report.

However, considering the favorable circumstances, such as the Defendant’s mistake in depth and without criminal records, the first offender who has no criminal records, deposited the money for the victimized police officers in the original trial, the age and personality, occupation and environment of the Defendant, motive and background leading to the instant crime, circumstances after the instant crime, etc., as well as all the sentencing conditions specified in the records and arguments, such as the fact that the Defendant’s punishment is too uneasible and unfair, the Prosecutor’s assertion is without merit.

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

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