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(영문) 창원지방법원 2017.06.22 2017노990
공무집행방해
Text

The prosecutor's appeal is dismissed.

Reasons

1. The decision of the court below on the gist of the grounds of appeal (one year of suspended sentence in four months of imprisonment) is unreasonable because it is too unfasible.

2. Although there are grounds for unfavorable sentencing, such as the following: (a) the person who committed a crime against the police officer in uniform; (b) the person who committed a crime against the police officer in uniform; and (c) the person who committed a crime committed several times, and the person who committed a crime was demoted. However, considering the favorable reasons for sentencing, including the fact that the police officer does not want punishment; (b) the fact that the police officer does not want punishment; and (c) the fact that there are only two times of a fine by a previous offense, the defendant’s age, family relationship, economic situation, circumstances leading to the crime, and motive leading to the crime; and (d) other matters concerning the sentencing as indicated in the records

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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