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(영문) 인천지방법원 2017.06.23 2017노350
공무집행방해
Text

The prosecutor's appeal is dismissed.

Reasons

1. The main point of the grounds for appeal is that the sentence (7 million won in penalty) imposed by the court below on the defendant is too unhutiled and unfair.

2. The judgment of the court below is that the defendant committed the crime of this case, such as a breathing and 112 reported by the defendant's wife, and a police officer sent out after being reported by the defendant's 112, rather than breathing and breathing, the nature of the crime of this case is not easy. In particular, the defendant has been subject to the disposition of home protection case due to domestic violence, including the record of criminal punishment for the same crime and violent crime, several times. The defendant committed the crime of this case without being aware of the suspended sentence of imprisonment due to violent crime, which led to the crime of this case again even though she received the first sentence of the disposition of home protection case by breathing breath from his wife and her family member, but it was found that the defendant did not bear much emphasis on the degree of assault against the police officer of this case. The defendant's breathing and agreed by the victim police officer through his identification of the defendant, that the defendant's family relation was constantly proved by alcohol treatment, and the defendant's motive and circumstances to support of this case.

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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