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(영문) 창원지방법원 2020.08.28 2020노574
공무집행방해
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (public prosecutor) of the lower court’s punishment (eight million won of a fine) is too unhued and unreasonable.

2. The judgment defendant is the punishment for the disturbance of revocation in the restaurant.

The case of the instant crime that interfered with the performance of official duties by destroying the breath of the police officer called out, is not easy, and the Defendant was sentenced to 8 months of imprisonment with prison labor and 2 years of suspended execution due to the obstruction of performance of official duties, etc. in the Changwon District Court Branch on August 28, 2019, and the judgment was finalized on September 5, 2019, and became final and conclusive on September 5, 2019, but committed the instant crime, and was punished for violence-related crimes several times.

On the other hand, it is advantageous to the fact that the defendant reflects the defendant's mistake, that the victim police officer does not want punishment against the defendant by mutual agreement with the damaged police officer after prosecution, and that the assault exercised against the police officer is not serious.

In full view of these circumstances and all of the sentencing conditions indicated in the instant argument, the lower court’s punishment cannot be deemed as being too uneasible and unreasonable.

3. As such, the prosecutor’s appeal is dismissed in accordance with Article 364(4) of the Criminal Procedure Act on the ground that it is without merit.

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