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(영문) 창원지방법원 2016.07.07 2016노929
공무집행방해
Text

The prosecutor's appeal is dismissed.

Reasons

1. The judgment of the court below on the gist of the grounds of appeal is unreasonable because the punishment (five million won in penalty) of the court below is too unhued.

2. In light of the following facts: (a) the Defendant committed the instant crime during the period of suspension of the execution of the instant crime on the grounds of this type of crime; (b) the Defendant was deemed to have been seriously punished by the obstruction of the performance of official duties in order to establish the state’s legal order and eradicate the general public order; (c) the Defendant is deemed to have no criminal record exceeding the same criminal record or suspended execution; and (d) the Defendant has no criminal record exceeding the same criminal record or suspended execution; and (e) the Defendant’s age, sex, criminal conduct, family relationship, circumstances after the crime, and all other matters pertaining to the sentencing as indicated in the instant records and changes,

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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