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(영문) 창원지방법원 2015.05.27 2015노183

공무집행방해

Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal is unreasonable as the penalty (4 million won of a fine) declared by the court below is too unfilled.

2. The crime of this case was committed by a police officer who was reported and dispatched by the defendant. It is not good that the crime of this case was committed, and there is a need for strict punishment for the crime of this kind in order to establish national legal order and eradicate the light of public authority. However, the defendant himself/herself is divided into his/her mistake, the defendant does not have any criminal record exceeding the same criminal record or fine, the defendant is a disabled person of Grade V with delay, and other factors of sentencing as shown in the records and arguments of this case, such as the defendant's age, character and behavior, environment, motive, means and consequence of the crime, etc., and other factors of sentencing as stated in the records and arguments of this case such as the defendant's age, character and behavior, environment, motive, means and consequence after the crime, shall not be deemed unfair.

Therefore, the prosecutor's assertion of unfair sentencing is without merit.

3. In conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act as it is without merit. It is so decided as per Disposition.