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(영문) 창원지방법원 2020.05.07 2019노2196
공무집행방해등
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal is unreasonable because the sentence imposed by the lower court (the imprisonment for eight months, the suspension of execution for two years, the community service order 80 hours, and the order to attend lectures for alcohol treatment for 80 hours) is too uneased.

2. In a case where there is no change in the conditions of sentencing compared to the judgment of the first instance court, and the sentencing of the first instance court does not deviate from the reasonable scope of discretion, it is reasonable to respect it.

(see, e.g., Supreme Court en banc Decision 2015Do3260, Jul. 23, 2015). Defendant has a history of having been punished for a same criminal offense.

(1) Suspension of execution of sentence, fine for negligence). The victim of the crime of obstruction of performance of official duties has not been punished.

However, the defendant recognized his mistake, and in the event of the crime of causing property damage, the amount of damage was compensated and agreed with the victim.

In addition, taking into account the following circumstances, such as the Defendant’s age, character and conduct, environment, motive, means and consequence of the crime, and circumstances after the crime, etc., various conditions of sentencing as shown in the instant records and pleadings, and there are no special circumstances or changes in circumstances that may change the sentencing of the lower court after the lower judgment, the sentence imposed by the lower court cannot be deemed unfair because the

The prosecutor's assertion is without merit.

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

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