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(영문) 인천지방법원 2017.03.23 2016노3287
공무집행방해
Text

The prosecutor's appeal is dismissed.

Reasons

1. The sentence (five million won in penalty) that the court below rendered by the court below on the gist of the grounds of appeal is too unhutiled and unreasonable.

2. The crime of this case is acknowledged that the police officer dispatched by the defendant upon receiving a report is a prone bath and exercises a physical tangible power, and that the crime of this case requires strict punishment for obstructing the performance of official duties in order to establish public authority and protect legal order.

However, in full view of the following circumstances: (a) the Defendant recognized the instant crime; (b) the primary offender; and (c) the Defendant’s age, sexual conduct; and (d) the motive, means, and consequence of the instant crime; and (b) the circumstances after the instant crime, the sentence imposed by the lower court is too uneasible and unreasonable.

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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