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(영문) 창원지방법원 2019.08.20 2019노964

공무집행방해

Text

The prosecutor's appeal is dismissed.

Reasons

1. The gist of the grounds for appeal is that the lower court’s punishment (4 million won of a fine) is too unhued and unreasonable.

2. Determination of the facts that the crime of this case is not good, and that there are several criminal records against the defendant, etc. are disadvantageous to the defendant.

On the other hand, the fact that the defendant reflects his mistake, and the extent of the assault that the defendant exercised was relatively excessive is favorable to the defendant.

In addition, comprehensively taking account of the circumstances leading up to the instant crime, the circumstances following the instant crime, the Defendant’s age, character and conduct, and environment, and various sentencing conditions shown in the instant records and pleadings, it is not recognized that the lower court’s punishment is too unjustifiable, and thus, 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 as it is without merit. It is so decided as per Disposition.