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(영문) 창원지방법원 2017.08.31 2017노1778

공무집행방해

Text

All of the appeals by prosecutors are dismissed.

Reasons

1. The summary of the grounds for appeal in the judgment of the court below (defendant A: fine of 5 million won, and fine of 3 million won) is too uneased and unreasonable.

2. Although there is a reason to impose unfavorable punishment, such as the fact that the Defendants committed a crime and assaulted the police officers who called out, the Defendants were subject to confession. However, considering the favorable reasons for sentencing, such as the fact that the police officers want to leave the Defendants’ seat, the police officers did not have any previous conviction, the Defendants’ age, family relation, economic situation, circumstances leading to the commission of the crime and motive, and all other matters pertaining to the sentencing as indicated in the records and arguments on the change of the records of this case, each punishment of the lower judgment is deemed appropriate, and there is no change of circumstances to be considered in the trial at the same time, 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.