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(영문) 창원지방법원 2017.08.31 2017노1989

공무집행방해등

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 (five million won in penalty) of the court below is too unhued.

2. The following facts are: (a) the Defendant recognized his mistake and reflects the Defendant; (b) there are circumstances to consider the motive and background leading up to each of the instant crimes; (c) there are family members to support; (d) the use of violence against a police officer who weared a uniform; (e) the police officer who was reported upon 112; and (e) the face of a police officer called out upon 112; and (e) the use of force against him/her; and (e) the use of force on his/her hand; and (e) the use of force on his/her chests. It is an unfavorable reason for sentencing.

In full view of all the above sentencing factors, the Defendant’s age, sex, career, family relation, economic situation, background and motive leading up to the commission of the crime, circumstances after the commission of the crime, and other matters on the sentencing indicated in the records and arguments on the change of the circumstances, the judgment below’s punishment is deemed appropriate, and the prosecutor’s assertion is without merit, since there is no change of circumstances to be considered in the trial.

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.