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(영문) 인천지방법원 2017.06.23 2016노4272
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 instant crime was committed by a police officer on the part of the Defendant upon receiving a report, and the nature of the instant crime is not good, and the degree of illegal act is not against the law.

However, in full view of all the sentencing conditions of the Defendant’s age, sex behavior, environment, circumstances after the crime, etc., including the fact that the Defendant has no record of punishment, and that the Defendant’s mistake was divided and reflected later, it does not seem that the sentence imposed by the lower court is too uneasible and unfair, given that the Defendant’s punishment is too uneasible.

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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