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(영문) 창원지방법원 2020.05.29 2019노2567

공무집행방해

Text

The prosecutor's appeal is dismissed.

Reasons

1. The sentencing of the lower court (a fine of five million won) is too unhued and unreasonable.

2. The judgment that the Defendant assaulted a police officer who weared a uniform, the Defendant denies it, and the victimized police officer wanting to strong punishment is disadvantageous to the Defendant.

On the other hand, the fact that the defendant has no particular criminal records except for the traffic-related criminal records prior to the ten-year period, and there are no criminal records related to the same kind of crime or violence, the crime of this case appears to have been somewhat contingent, and the degree of assault against the victim is not severe, etc. are favorable to the defendant.

In full view of the above circumstances and other factors of sentencing, such as the Defendant’s age, character and conduct, environment, motive, means, and consequence of the crime, etc., the lower court’s sentencing against the Defendant is too uneasible and unreasonable. Therefore, the Prosecutor’s assertion of unfair sentencing is without merit.

3. In conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act as it is without merit. It is so decided as per Disposition.

(However, since it is apparent that the "short-term choice" in the second sentence of the laws and regulations of the court below is a clerical error in the "fine-type choice", it shall be corrected ex officio in accordance with Article 25 (1) of the Regulations on Criminal Procedure.