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(영문) 인천지방법원 2016.07.13 2016노688
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 judgment of this case is not appropriate for committing a crime against a police officer dispatched upon receipt of a report.

However, considering the favorable circumstances such as the Defendant’s confession of the instant crime and his mistake in depth, and the first offense without any criminal history, and deposit KRW 500,000 for the victimized police officers at the lower court, and other favorable conditions, such as the Defendant’s age, sex behavior, occupation and environment, motive and circumstance leading to the instant crime, and the circumstances after the instant crime, the lower court’s punishment is too uneasible 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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