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(영문) 창원지방법원 2016.07.07 2016노571

공무집행방해

Text

The prosecutor's appeal is dismissed.

Reasons

1. The decision of the court below on the gist of the reasons for appeal (two years of suspended sentence in the month of imprisonment with prison labor) is unfair as it is too unfasible.

2. The judgment of the court below is reasonable in light of the following facts: (a) the Defendant had three-time criminal records of violence; (b) the Defendant escaped without attending a trial for a long time; (c) the State’s legal order and order are established; and (d) the Defendant does not have any criminal records exceeding the punishment or fine due to the obstruction of the performance of official duties in order to eradicate the light of public authority; (b) the Defendant does not have any criminal records exceeding the punishment or the degree of assault; and (c) the Defendant’s age, sex behavior, family relationship, motive and means of the crime; (d) circumstances after the crime; and (e) other matters concerning the sentencing as indicated in the records and changes of the instant case. 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 on the grounds that the appeal is without merit. It is so decided as per Disposition.