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(영문) 창원지방법원 2015.11.18 2015노2151
특수공무집행방해등
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (a prison term of two years of suspended execution in August and a community service order of 80 hours) imposed by the court below is unreasonable as it is excessively unhutiled.

2. Considering the favorable circumstances such as the confession and reflect of the defendant, the victims do not want the punishment of the defendant, the fact that the defendant is the primary offender and the disabled in the third degree of disability after the decision of the court below, there are no special grounds for change of sentencing after the decision of the court below, and the defendant’s age, character and conduct, environment, motive, means and consequence of the crime, and various conditions of sentencing specified in the records and arguments of this case, such as the circumstances after the crime, it cannot be deemed that the punishment imposed by the court below is too unjustifiable

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 on the ground that it is without merit. It is so decided as per Disposition.

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