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(영문) 창원지방법원 2019.05.16 2019노470
공무집행방해
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (a fine of four million won) declared by the lower court is too unhued and unreasonable.

2. In the judgment, the crime of this case was committed by the defendant while under the influence of alcohol by assaulting a police officer who properly performs official duties, and the liability for the crime is not less exceptionally.

However, in full view of all the sentencing conditions in the pleadings of this case, including the Defendant’s age, character and behavior, environment, circumstances after the crime, and existence of change in circumstances after the sentence of the lower judgment, the sentence imposed by the lower court seems to be within a reasonable scope and cannot be deemed unreasonable, because it seems that it is excessively unreasonable.

Therefore, prosecutor's assertion is without merit.

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

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