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(영문) 창원지방법원 2016.06.30 2016노819

공무집행방해

Text

The prosecutor's appeal is dismissed.

Reasons

1. The judgment of the court below on the gist of the grounds of appeal is unreasonable because the punishment (6 million won in penalty) of the court below is too unfilled.

2. In light of the following facts: (a) the Defendant had three-time criminal records of violence; (b) the degree of assault is not weak; (c) the State’s legal order and order are established in order to eradicate a light of public authority, it is recognized that there is a need to strictly punish a crime of interference with the performance of official duties; (d) the Defendant does not repeat a crime while seriously against his/her own mistake; (e) the Defendant does not have any criminal record exceeding his/her past record or fine was punished as a crime of interference with the performance of official duties; and (e) the Defendant’s age, occupation, sex, sex, family relationship, motive and means of the crime; (e) the circumstances after the crime; and (e) the records and changes of the instant 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 grounds that the appeal is without merit. It is so decided as per Disposition.