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(영문) 창원지방법원 2016.10.27 2016노1383

공무집행방해

Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal is unreasonable as it is too unfased that the punishment (one year of suspended execution in six months of imprisonment, and eight hours of social service) of the original judgment is too unfased.

2. In order to take into account the judgment, to establish the state’s legal order and eradicate the light of public authority, the fact that the crime of obstructing the performance of official duties requires strict punishment is an unfavorable reason for sentencing, and that the defendant is against the confession of the crime, and that the first offender is a favorable reason for sentencing.

In full view of the above sentencing factors, in light of the Defendant’s age, family relation, economic situation, background and motive leading to the commission of the crime, and all other matters pertaining to the sentencing indicated in the records and arguments in this case, 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 on the ground that it is without merit. It is so decided as per Disposition.