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(영문) 인천지방법원 2016.08.17 2016노1389
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 instant case is an unfavorable circumstance that the nature of the instant crime against a police officer dispatched upon receipt of a report is not good.

However, in light of the favorable circumstances, such as the Defendant’s confession of the instant crime and reflects the Defendant’s mistake in depth, the primary offender who has no criminal history, and other favorable factors, such as the Defendant’s age, sex behavior, occupation and environment, motive and background leading to the instant crime, and circumstances after the instant crime, etc., the lower court’s punishment is too unfasible and unreasonable, and 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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