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(영문) 창원지방법원 2016.12.21 2016노2943

공무집행방해

Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (a fine of four million won) declared by the lower court is too unhued and unreasonable.

2. The crime of this case was committed under the influence of alcohol by assaulting the Defendant’s chest part of the police officer in order to boom the Defendant’s chest, and thus obstructing the performance of official duties. The Defendant committed the crime of this case even during the period of suspension of execution of the same kind of crime, etc. However, it cannot be deemed that the punishment imposed by the lower court is too weak in full view of all the favorable circumstances, such as the Defendant’s act of assault against the police officer, the Defendant’s act of assault against the police officer, the extent that the Defendant’s act of assault against the police officer was committed, the Defendant’s act of assault against the police officer, the Defendant’s act of assault against the Defendant’s wife, the Defendant’s act of assaulting the Defendant’s wife, and other favorable circumstances, such as the circumstance of the crime of this case, the Defendant’s age, and the circumstances after the crime, etc.

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