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(영문) 창원지방법원 2017.08.10 2017노1460
경범죄처벌법위반
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal is more appropriate than the punishment of the original judgment (the punishment of 600,000 won).

2. Although there exists a reason for unfavorable sentencing, such as the fact that the defendant has committed a disturbance for 25 minutes within the police box, and the fact that the defendant has been punished by a obstruction of the performance of official duties, the reason for favorable sentencing, such as the confession of the crime, the fact that there is no criminal record exceeding the fine, and the fine of 60,000 won, which is sentenced by the court below, is heavier than the maximum statutory penalty, the defendant's age, family relation, economic situation, circumstances leading to the crime and motive, and all other matters concerning the sentencing as indicated in the records and arguments of this case, the sentence of the court below shall be deemed appropriate, and the prosecutor's assertion is without merit, since there is no change of circumstances to be considered 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.

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