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(영문) 창원지방법원 2017.04.13 2016노3000

업무방해등

Text

The prosecutor's appeal is dismissed.

Reasons

1. The judgment of the court below on the gist of the grounds of appeal is unreasonable because the punishment (3 million won in penalty) of the court below is too unfilled.

2. Determination is based on the following: (a) the Defendant led to the commission of a crime; (b) the Defendant’s confessions the commission of a crime; and (c) the fact that there are no criminal records other than punishment of fines related to violence once every year around 2014 is a favorable reason for sentencing; and (c) the police officer did not make any effort to recover damage; and (d) the fact that strict punishment is necessary for the disturbance of the police station and the

The Prosecutor’s assertion is without merit, on the ground that the lower court’s punishment is reasonable, in full view of the following: (a) the Defendant’s age, sexual conduct, career, family relation, economic situation, background and motive leading up to the commission of an offense; (b) circumstances after the commission of an offense; and (c) other matters regarding the sentencing as indicated in the records and arguments on changes

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.