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(영문) 인천지방법원 2017.05.19 2017노575
공무집행방해
Text

The prosecutor's appeal is dismissed.

Reasons

1. The main point of the grounds for appeal is that the sentence (4 million won in penalty) imposed by the court below on the defendant is too unhued and unfair.

2. It is recognized that the nature of the crime of this case committed by the police officer who received a report on 112 and assaulted the face of the police officer for drinking, and that the defendant was subject to criminal punishment for violent crime several times, etc. However, even though the defendant was under the influence of alcohol, the defendant committed a contingent crime under the influence of alcohol, and the defendant was not limited to the degree of assault against the police officer of the defendant, but has been resolved smoothly in City/Do which caused the 112 report, the defendant's mistake and reflects the defendant, the fact that the defendant has a family member to support the defendant, and the economic situation is not good, and all of the sentencing conditions stated in the arguments of this case, such as the defendant's age, sex behavior, environment, family relationship, health condition, the details and motive of the crime, the motive and consequence of the crime, and the circumstances after the crime, etc., it is not recognized that the punishment imposed by the court below is unfair because it is too unfeasible.

3. Accordingly, 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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