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(영문) 창원지방법원 2017.04.13 2017노456
공무집행방해
Text

All of the appeals by prosecutors are dismissed.

Reasons

1. The gist of the grounds for appeal is that the punishment of the lower judgment (a fine of KRW 5 million, and a fine of KRW 3 million) is too uneased and unreasonable.

2. In light of the following facts: (a) the Defendants committed each crime in the police squad, and each crime committed by the Defendants was committed by assaulting police officers in uniform within the police squad; (b) there is no reason to impose unfavorable punishment; (c) the Defendants were led to the confession of the crimes; (d) Defendant A did not have any previous conviction; and (e) Defendant B did not have a previous conviction and only twice a fine; and (e) the Defendants agreed with the police officers who committed assault, by taking into account all favorable reasons for sentencing, such as the Defendants’ age, family relation, economic situation, circumstances leading to the crimes, and motive leading up to the crimes; and (e) all other matters pertaining to the sentencing as indicated in the records and arguments of this case, the lower judgment’s punishment is deemed appropriate; and (e) there is no reason to consider any change

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.

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