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(영문) 창원지방법원 2016.12.15 2016노2444
공무집행방해등
Text

Defendant

All appeals by prosecutors are dismissed.

Reasons

1. The defendant asserts that the decision of the court below on the summary of the grounds for appeal is too unfasible to the punishment (four months of imprisonment), and that the prosecutor is too unfased and unfair.

2. In light of the judgment, the fact that the contents of the crime committed by assaulting inmates and correctional officers in prison are significant and extremely poor, the damage recovery is not made, the defendant's multiple kinds of crimes and previous crimes are disadvantageous grounds for sentencing. The fact that the defendant confessions and reflects the crime, and that the mental illness is likely to have an impact on the crime is favorable grounds for sentencing.

In full view of the above sentencing factors, in light of the Defendant’s age, character and conduct, health conditions, the circumstances after the commission of the crime, and all other matters regarding the sentencing indicated in the records and arguments in this case, the sentence of the lower judgment is deemed appropriate. Therefore, the Defendant and the Prosecutor’s assertion are without merit.

3. As such, the appeal by the defendant and the prosecutor is without merit, and all of them are dismissed in accordance with Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition.

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