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(영문) 인천지방법원 2016.11.17 2016노1047
공무집행방해
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal is unreasonable because the sentence imposed by the court below on the defendant (six months of imprisonment, two years of suspended execution, and eight hours of social service) is too uneased.

2. Determination of the crime of this case is acknowledged that the crime of this case is committed by assaulting a police officer who was called out after receiving a disturbance from the main point of view and being reported at 112, and thus obstructing the performance of official duties is not good, and that the defendant has the same criminal record and has a record of criminal punishment for the same kind or a different crime.

However, in full view of the following circumstances: (a) the Defendant led to the confession and mistake of the Defendant; (b) the degree of assault against police officers is relatively minor; and (c) the degree of interference with the performance of official duties is not limited; and (d) the Defendant’s age, character and conduct; (b) the motive, means and consequence of the instant crime; and (c) the circumstances after the crime, etc., the sentence of the lower court is too uneas

3. In conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the ground that it is without merit. It is so decided as per Disposition.

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