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(영문) 창원지방법원 2016.06.23 2016노772
공무집행방해
Text

The prosecutor's appeal is dismissed.

Reasons

1. The decision of the court below on the gist of the grounds of appeal (two years of suspended execution in six months of imprisonment, and forty hours of community service) is too unfluent and unreasonable.

2. In order to establish the judgment, establish the state’s legal order and eradicate the light of the public authority, it is necessary to strictly punish the crime of interference with the execution of official duties. However, in full view of the fact that the defendant led to the confession of the crime, and there is no criminal conviction exceeding the same criminal record or fine, the degree of violence is not serious, and all other matters pertaining to the sentencing as indicated in the defendant’s age, sex and behavior, environment, circumstances after the crime, and the records and changes of this case, the prosecutor’s assertion 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 grounds that the appeal is without merit. It is so decided as per Disposition.

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