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(영문) 창원지방법원 2015.04.02 2014노2405
공무집행방해등
Text

The prosecutor's appeal is dismissed.

Reasons

1. The prosecutor of the gist of the grounds for appeal asserts that the sentence imposed by the court below (one year of imprisonment, three years of suspended execution, three years of probation) is too unhued and unreasonable.

2. The crime of this case is acknowledged that the defendant, when the victim A and D suffered each injury, interfered with the legitimate performance of duties by police officers I and H who were called upon upon receiving a report, and at the same time, the police officer I committed assaulted at the police officer I at the time of the police trainee J, damaged the back door glass of the patrol driver, damaged the police officer by the back door glass of the patrol driver, and inflicted a bodily injury on L due to a shock, and the criminal liability of the defendant is not less minor, and the defendant has already been punished several times due to the violation of the Road Traffic Act, the crime of violation of the Act on Special Cases Concerning the Settlement of Traffic Accidents, the Act on Special Cases Concerning the Settlement of Traffic Accidents, the obstruction of Performance of Official Duties, the Punishment of Violences, etc. Act, and the violation of the Automobile Management Act, etc.

However, in full view of the following circumstances: (a) the Defendant recognized his mistake and against himself; (b) the victim A, D and the victim did not want the punishment of the Defendant; (c) the repair cost of the damaged patrol vehicle and the reimbursement of the police officer I medical expenses; and (d) there are no special circumstances or circumstances that may be newly considered in the sentencing after the sentence of the lower judgment; (b) the Defendant has been living under detention for about three months; (c) the Defendant’s age, character and behavior, environment, motive and background of the crime, means and method of the crime; and (d) the circumstances that form the conditions for the argument and the sentencing indicated in the record of the instant case, such as the circumstances after the crime, it is not recognized that the sentence imposed by the lower court is undue.

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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