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(영문) 창원지방법원 2016.06.23 2016노786
공무집행방해등
Text

Defendant

All appeals by prosecutors are dismissed.

Reasons

1. The defendant asserts that with respect to the punishment (two years of suspended sentence in October) of the judgment of the court below on the summary of the reasons for appeal (two years of suspended sentence in prison), the prosecutor is too unfasible and unfair.

2. In light of the judgment, the fact that the defendant is living against the defendant while making a confession of the crime, that the police officer who was assaulted does not want the punishment against the defendant, that the first offender is a favorable sentencing ground, and that the state's legal order is established and that in order to eradicate the light of public authority, it is an unfavorable sentencing ground that the defendant requires strict punishment for obstructing the performance of official duties.

In full view of the above sentencing factors, in full view of the Defendant’s age, family relation, economic situation, background and motive leading to the commission of the crime, and all other matters on the sentencing indicated in the records and arguments of this case, the sentence of the lower judgment is deemed reasonable, and the Defendant and the Prosecutor’s assertion are without merit.

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

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