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(영문) 인천지방법원 2016.08.17 2016노1398
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 (3 million won in penalty) is too unhued and unreasonable.

2. The judgment of this case is an unfavorable circumstance that the crime committed against a police officer by the police box is not good.

However, considering the facts that the defendant led to the crime of this case and reflects his mistake in depth, favorable circumstances such as the defendant's age, sexual conduct, occupation and environment, motive and circumstance leading to the crime of this case, and all other factors of sentencing as shown in the theory of changes, such as the records of this case and the circumstances after the crime, the court below's punishment is too unfasible and unfair. Thus, the prosecutor's assertion is without merit.

3. In conclusion, 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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