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(영문) 창원지방법원 2017.07.06 2017노310
특수공무집행방해등
Text

The prosecutor's appeal is dismissed.

Reasons

1. The decision of the court below on the gist of the grounds of appeal is unreasonable because the punishment (one million won in penalty) of the court below is too unfilled.

2. The judgment follows: (a) the defendant is against the defendant's wrong judgment; (b) the defendant wanted the defendant's wife by mutual agreement with the victimized police officer and the injured police officer; (c) the defendant's distressed to commit the crime of this case; (d) there is room to consider the circumstances of the crime; (c) the defendant has a family member to support; (d) the defendant is subject to a punishment of imprisonment without prison labor or any heavier punishment; (e) the defendant's retirement from the company in which he/she is in office and the defendant's family member's livelihood is difficult; (e) the defendant has a favorable reason for sentencing; (e) the defendant has no criminal record exceeding the same criminal record and fine; (g) the defendant has used violence against the police officer who has worn a uniform; and (e) the crime of this case committed violence against the police officer who performed official duties by using the vehicle

The Prosecutor’s assertion is without merit, on the ground that the lower court’s punishment is reasonable, in full view of the following: (a) the Defendant’s age, sexual conduct, career, family relation, economic situation, background and motive leading up to the commission of an offense; (b) circumstances after the commission of an offense; and (c) other matters regarding the sentencing as indicated in the records and arguments on 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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