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(영문) 창원지방법원 2017.11.09 2017노2535
공무집행방해
Text

The prosecutor's appeal is dismissed.

Reasons

1. The sentence (2.5 million won in penalty) declared by the court below on the gist of the grounds of appeal is deemed to be too unhutiled and unfair.

2. The Defendant’s attitude of assaulting a police officer to obstruct the performance of his duties and destroying the public authority is not good, and the Defendant has a record of having received a fine of KRW 700,000 due to an injury in light of 2012, and is disadvantageous to the Defendant.

However, in full view of the following circumstances: (a) the Defendant recognizes and reflects the instant crime; (b) the instant crime appears to have been committed by the Defendant under the influence of alcohol; (c) the degree of assault against the police officer is not serious; (d) the Defendant did not have any criminal record other than the previous criminal record, and (e) the Defendant’s age, environment, sex, motive for committing the instant crime, and circumstances before and after the instant crime, which are conditions for sentencing specified in the records and arguments, such as the circumstances before and after the instant crime, it cannot be deemed that the lower court’s punishment

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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