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(영문) 창원지방법원 2015.06.17 2015노609
모욕등
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (2.5 million won of a fine) declared by the lower court is unreasonable as it is excessively unhutiled.

2. The crime of this case committed by the Defendant is deemed to obstruct the performance of official duties by insulting the victim and assaulting the police officers, and the offense of obstruction of performance of official duties requires strict punishment in that it is a crime to establish a national legal order and eradicate a light of public power. However, in light of favorable circumstances such as the confession and reflect of the Defendant, the Defendant’s confession and reflect, the Defendant has no particular criminal record, and other favorable circumstances, such as the Defendant’s age, character and behavior, environment, motive, means and consequence of the crime, and various sentencing conditions indicated in the records and arguments of this case, such as the circumstances after the crime, etc., the sentence imposed by the lower court cannot be deemed to be unfair.

Therefore, the prosecutor's assertion of unfair sentencing is without merit.

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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