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(영문) 창원지방법원 2017.11.09 2017노2468

모욕등

Text

The prosecutor's appeal is dismissed.

Reasons

1. The sentence (five million won in penalty) that the court below rendered by the court below on the gist of the grounds of appeal is too unhutiled and unreasonable.

2. The nature of the crime is not that of a police officer called up after receiving a report by the defendant, who has expressed his desire to insult or assault the police officer to obstruct the execution of his duties and to extinguish public authority;

However, in full view of the following circumstances: (a) the Defendant recognized each of the instant offenses; (b) the police officer G, who was hindered in the performance of official duties for the time of the trial; (c) the Defendant sought the Defendant’s wife; and (d) the Defendant did not have any criminal record other than being punished by a fine of KRW 700,000 due to driving under influence of alcohol in around 208; and (c) the Defendant’s age, environment, sex behavior, motive for the commission of the offense; and (d) the circumstances before and after the commission of the offense, etc., which are the conditions for sentencing specified in the instant records and pleadings, the lower court’

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.