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(영문) 창원지방법원 2017.03.23 2016노2873

공무집행방해

Text

The prosecutor's appeal is dismissed.

Reasons

1. The decision of the court below on the gist of the grounds of appeal (one year of suspended execution for six months of imprisonment, one year of community service work, and 60 hours of imprisonment) is unreasonable because it is too unfasible.

2. In light of the judgment, the fact that the defendant led to the confession of the crime, the fact that the defendant did not have the same criminal record is a favorable reason for sentencing, and that the use of violence against the police officer who weared his uniform is a cause for sentencing, and that the degree of the violence is not somewhat weak, such as plucking or plucking up the hand of the police officer dispatched after receiving 112 report, and harming another police officer who restrains it, and harming the police officer to go beyond the floor.

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.