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(영문) 인천지방법원 2016.11.04 2016노3226
공무집행방해등
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 (five million won of a fine) is too unhued and unfair.

2. The judgment of the defendant, without any particular reason, interferes with the business of a taxi engineer, and assaults a police officer in the earth to interfere with the police officer's performance of official duties, and thus, the crime is not weak. However, the defendant's mistake and reflects his fault, the defendant's agreement was reached smoothly with the victim D, the degree of assault was relatively heavy, the defendant's primary crime without any other criminal history, and other sentencing conditions specified in the arguments of this case, such as the defendant's age, character and conduct, environment, criminal history and motive, means, means and consequence, etc., are considered, and thus, 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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