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(영문) 창원지방법원 2016.05.26 2015노2491
공무집행방해등
Text

All of the appeals by prosecutors are dismissed.

Reasons

1. The judgment of the court below against the Defendants on the summary of the reasons for appeal is unfair because the punishment of the court below (2 years of suspended sentence in June, 300; 3 million won in fine) is too uneased.

2. In order to establish the judgment, establish the state’s legal order and eradicate the light of the public authority, there is a need to strictly punish a crime of interference with the performance of official duties, the Defendants did not agree with the victims, the fact that there was a history of punishment for the crime of injury to Defendant A is an unfavorable sentencing ground, and the Defendants are against the Defendants’ confession of the crime, and deposit the victims’ total amount of KRW 80,000 per cent in the first instance, and the degree of injury to the victims’ G is a favorable sentencing ground.

The Prosecutor’s assertion is without merit, since the judgment of the court below is reasonable, in full view of the above sentencing factors, including the Defendants’ age, family relation, economic situation, background and motive leading to the commission of the crime, and all other matters pertaining to the sentencing as indicated in the records and arguments of this case.

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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