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(영문) 인천지방법원 2018.06.01 2017노4553
공무집행방해등
Text

The prosecutor's appeal is dismissed.

Reasons

1. The reasoning of the appeal is that the lower court’s punishment (6 million won in penalty) is too unfluent and unreasonable.

2. However, under the influence of alcohol, the Defendant opened the victim's ear by asking the victim's ear, and the nature of the crime is bad because the Defendant was found to have a slotus on the face of the police officer called out. However, the Defendant's mistake is contrary to recognizing the Defendant's mistake, and the victim does not want punishment by agreement with the injured victim, and deposited for the police officer.

In addition, given that the Defendant’s age, sex, environment, criminal records, motive, means and consequence of the crime, relationship with the injured victim, circumstances after the crime, and other circumstances that form the conditions for sentencing as shown in the records and arguments in this case, the lower court’s punishment is too unfasible and unreasonable, so the Prosecutor’s assertion is without merit.

3. The appeal by the Prosecutor is dismissed. It is so decided as per Disposition.

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