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(영문) 창원지방법원 2016.10.27 2016노1650
공무집행방해
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal is unreasonable as the penalty of the lower judgment (three million won of a fine) is too unhued.

2. The judgment of the court below is reasonable in light of the following: (a) it is recognized that there is a serious need to strictly punish the crimes of obstruction of performance of official duties in order to establish the state’s legal order and eradicate the light of public authority; (b) it is recognized that the defendant has the history of punishing the crimes of obstruction of official duties; (c) the confession and reflect of the defendant; (d) there is no criminal record exceeding the obstruction of official duties or the fine; and (e) the police officer does not want the punishment against the defendant by mutual consent with the victimized police officer; and (e) other matters concerning the sentencing as shown in the records and arguments of this case, including the defendant’s age, character and behavior, environment, background of the

3. In conclusion, 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. It is so decided as per Disposition.

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