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(영문) 창원지방법원 2016.01.14 2015노2744
특수공무집행방해
Text

All appeals by the defendant and the prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The Defendant asserts that the punishment imposed by the lower court (one year of imprisonment, one year of confiscation) is too unreasonable.

B. The prosecutor asserts that the above sentence imposed by the court below is too unfilled and unfair.

2. It is recognized that the defendant recognized his mistake in the trial of the party and reflected his mistake.

However, the crime of this case was committed by threatening police officers in the course of performing their duties using gasoline and gater, which are dangerous things, and the case was serious. The defendant was sentenced to ten months of imprisonment on September 18, 2014 due to a violation of the Punishment of Violences, etc. Act (a group, deadly weapon, etc.) on the Punishment of Violences, etc. (a crime committed on May 28, 2015) and committed the crime of this case at the same time on May 28, 2015, and was punished several times for the same crime, and there was no special circumstance or circumstance to be newly considered in sentencing after the sentence of the judgment below. In full view of the following circumstances, the defendant's age, sexual behavior, environment, motive and circumstance of the crime, means and method of the crime, and circumstances after the crime, etc., and the sentencing conditions stated in the arguments and records of this case, it is not recognized that the sentence imposed by the court below is too heavy or unreasonable.

3. The appeal filed by the Defendant and the prosecutor is without merit, and all of them are dismissed under Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition.

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