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(영문) 창원지방법원 2017.04.13 2016노3478
공무집행방해
Text

The prosecutor's appeal is dismissed.

Reasons

1. The judgment of the court below on the gist of the grounds of appeal is unreasonable because the punishment (two million won in penalty) of the court below is too unhued.

2. We examine the judgment. Each of the crimes of this case committed assaults the police officers in uniform, and there is a reason for unfavorable sentencing, such as the fact that there is no high quality of the crime by assaulting the police officer again arrested in the state of obstructing the performance of official duties after questioning the police officer who committed the crime. However, there is no previous conviction, there is no record of the crime other than once a fine for the same kind of crime, and the defendant does not want the punishment of the defendant by mutual consent with the police officers who committed the crime. Considering all of the favorable sentencing reasons and the age, family relation, economic situation, circumstances leading to the crime and motive leading to the crime, other records and changes in the records of this case, the punishment of the judgment of the court below is deemed appropriate, and there is no reason for the prosecutor's assertion that there is no additional change in circumstances to consider in the trial.

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

However, in the application of the law of the court below, the "Article 136 (1) of the Criminal Act" in the "Article 136 (1) of the Criminal Act" in the "Article 136 (1) of the Criminal Act" shall be corrected ex officio in accordance with Article 25 (1) of the Regulation on Criminal Procedure.

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