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(영문) 창원지방법원 2017.10.18 2017노2521

공무집행방해

Text

The prosecutor's appeal is dismissed.

Reasons

1. Sentencing sentencing on the gist of reasons for appeal

2. The crime of this case is acknowledged that the crime of this case was committed by the police officer dispatched after receiving a report from 112 that the defendant took a bath for the female in which he was passing and took a head debt, and the crime of this case was committed by assault. It is not good that the crime of this case was committed by assault while taking a bath for the police officer dispatched after receiving a report from 112, and that the crime of this case was committed by obstructing legitimate exercise of public authority and obstructing the performance of official duties

However, taking into account the following factors: (a) the Defendant led to the confession and mistake of the offense; (b) appears to have led to contingent crimes while under the influence of alcohol; (c) the Defendant had no record of punishment other than the four times prior to the punishment; and (d) the Defendant’s age, sexual conduct, environment, motive and means of the offense; and (e) circumstances after the offense, etc., various sentencing conditions specified in the instant records and arguments, such as the circumstances after the offense, are considered, the lower court’s punishment (five million won) is deemed to have been performed within the reasonable scope of discretion, and thus, cannot be deemed unfair.

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.