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(영문) 창원지방법원 2019.05.15 2018노2763

공무집행방해

Text

All appeals filed by the defendant and prosecutor are dismissed.

Reasons

1. Grounds for appeal;

A. The sentence of the lower court (the imprisonment of eight months, the suspension of the execution of two years, and the community service order of 80 hours) is too unreasonable.

B. The Prosecutor’s sentence of the lower court is too unhued and unreasonable.

2. We examine the reasoning of the judgment and the prosecutor together.

In the appellate trial, it is favorable to the defendant that the defendant led to the confession and reflect of the crime of this case, that the defendant has no record of punishment exceeding the suspended sentence of imprisonment, and that the balance between the crime of causing special property and the crime of causing special property which became final and conclusive shall be considered.

However, while the crime of this case was committed on the way that the police officer recommended the defendant to take her hand while the defendant was in dispute with her friendship, it is not good that the police officer took a bath and assaulted to the police officer, and it is not good that the defendant used violence against the police officer without any special reason despite the fact that the defendant was punished for the same kind of crime.

In full view of such facts and circumstances as the Defendant’s age, environment, character and conduct, background of the crime, and circumstances before and after the crime, etc., the lower court’s punishment is heavy or light.

Therefore, the defendant and the prosecutor's argument are not accepted.

3. As such, the appeal by the defendant and the prosecutor is without merit, and all of them are dismissed in accordance with Article 364 (4) of the Criminal Procedure Act.