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(영문) 창원지방법원 2017.12.07 2017노2847
공무집행방해
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal that the court below sentenced the Defendants to the punishment (two million won each fine) is deemed to be too unhutiled and unfair.

2. The Defendants’ act of assaulting a police officer called out upon receiving a report and obstructing the execution of a legitimate duty and destroying public authority is not good. Defendant A has a record of punishment once due to the crime of injury, etc., which is disadvantageous to the Defendants.

However, in full view of the following circumstances: (a) the Defendants recognized the instant crime; (b) the Defendants committed the instant crime under the influence of alcohol; (c) the Defendants were deemed to have committed the instant crime; and (d) the assault committed by the Defendants was not hot to the extent that it was sealed by police officers, etc.; (b) the Defendants reached an agreement with the police officers who suffered damage at the time; (c) the Defendants did not have any criminal record higher than a suspended sentence; and (d) the Defendants’ age, environment, sex behavior, motive for the commission of the crime, and circumstances before and after the commission of the crime, etc., and other circumstances that form the conditions for sentencing as specified in the instant records

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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