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(영문) 창원지방법원 2016.09.21 2016노1356

공무집행방해

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 judgment of the court below is that the crime of this case was committed by assaulting a police officer wearing a uniform called upon receiving a report by the defendant, and the quality of the crime is not good. However, the defendant led to confession and reflects the crime of this case, the victim police officer's punishment is not imposed against the defendant by agreement with the damaged police officer, and the defendant did not have any other criminal record except for the crime of violating the Road Traffic Act one time as a result of the violation of the Road Traffic Act around 1995, and all other favorable circumstances, such as the circumstances of the crime of this case, the defendant's age, and the circumstances after the crime, etc., which are the conditions for sentencing, shall be deemed as being too minor.

shall not be deemed to exist.

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.