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(영문) 창원지방법원 2016.11.24 2016노1687

특정범죄가중처벌등에관한법률위반(운전자폭행등)등

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 eight months of imprisonment) is deemed to be too unhued and unfair.

2. In light of the judgment, there is no good quality of crime such as assaulting a taxi engineer without any special reason, the state's legal order and the state's need to strictly punish the crime of obstruction of performance of official duties in order to eradicate the light of public authority is a reason for sentencing unfavorable to the point that it is a reason for sentencing unfavorable to the defendant, the defendant's confession and agreement with the victim, the defendant's deposit of KRW 30,000 for the police officer who has committed the assault, the fact that the police officer is receiving treatment of abuse of alcohol, and the fact that there is no criminal record exceeding the same criminal record or fine is a favorable reason

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.