beta
(영문) 창원지방법원 2017.02.15 2016노3203

공무집행방해

Text

The prosecutor's appeal is dismissed.

Reasons

1. The sentence (3 million won in penalty) declared by the court below on the gist of the grounds of appeal is deemed to be too unhutiled and unfair.

2. The crime of this case was committed in collusion with B by the Defendant, and thus obstructing the performance of official duties by assaulting the Defendant’s arms wearing a uniform, etc. However, the nature of the crime is not good. However, the Defendant recognized the crime of this case and against himself, the Defendant deposited 2 million won for the victimized police officers, and the Defendant deposited 2 million won for the same kind of crime, in full view of favorable circumstances such as the Defendant did not have any record of punishment for the same kind of crime, and other circumstances, such as the background of the crime of this case, the Defendant’s age, and the circumstances after the crime, etc., which are the conditions for sentencing, the sentence imposed

shall not be deemed to exist.

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.