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(영문) 창원지방법원 2018.06.20 2018노483
공무집행방해
Text

The prosecutor's appeal is dismissed.

Reasons

1. Sentencing sentencing on the gist of the grounds for appeal (the sentence of the lower court: a fine of three million won);

2. The crime of this case is not likely to be committed by assaulting a police officer who wears his uniform while taking a bath.

However, taking into account the following factors: (a) the Defendant led to the confession of and reflect against the offense; (b) there was no same criminal record and there was no record of criminal punishment other than sentenced to a fine of KRW 500,000 due to the crime of injury in 2008; and (c) other factors of sentencing as shown in the records and arguments of this case, such as the Defendant’s age, sexual conduct, environment, motive and means of the offense; and (d) circumstances after the offense, etc., the lower court’s punishment is too unfeas

The prosecutor's assertion is without merit.

3. The appeal by the prosecutor of the conclusion is without merit, and it is dismissed in accordance with Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition.

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