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(영문) 창원지방법원 2017.07.19 2017노960
공무집행방해
Text

The prosecutor's appeal is dismissed.

Reasons

1. Sentencing sentencing on the gist of reasons for appeal

2. The lower court rendered a sentence by taking account of the circumstances favorable to the fact that the Defendant committed a crime by finding a police box and the nature of the crime is not good, taking into account the confession of the Defendant, deposited 50,000 won for the victim, the primary offender, and the fact that there is a dependent.

The appellate court, compared to the first instance court, has no change in the conditions of sentencing, and the first instance sentencing does not deviate from the reasonable scope of discretion, it is reasonable to respect the first instance sentencing judgment.

The above sentencing has become significant and serious, and the victim does not want to punish the defendant as he has committed a crime of deep depth of the defendant's mistake.

“The submission of a written agreement,” and the Defendant’s failure to reach the future.

the defendant's attitude also prevents the defendant from repeating the crime.

Taking into account the fact together, it cannot be deemed that the sentence of the court below is unreasonable because it is too unfilled.

Therefore, the prosecutor's above assertion is without merit.

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

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