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(영문) 창원지방법원 2016.12.01 2016노1795

공무집행방해

Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal in the judgment of the court below (a fine of KRW 10 million) is unreasonable because it is too unfasible.

2. In order to establish a judgment, to establish the state’s legal order and eradicate the light of the public authority, there is a need to strictly punish the crime of obstruction of performance of official duties. It is an unfavorable sentencing ground that the Defendant committed the instant crime during the period of repeated crime due to a crime committed by violence, and is against the Defendant’s confession of the crime, the Defendant was detained for about three months, and the fact that the Defendant was detained for a prolonged period of time as a noncommissioned Officer for special career officers and contributed to the public interest.

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.