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(영문) 창원지방법원 2017.06.22 2017노971
공무집행방해
Text

All appeals by the defendant and the prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. Defendant: The penalty of the lower judgment (an amount of five million won) is too unreasonable.

B. Prosecutor: The sentence of the lower judgment is too uneasible and unreasonable.

2. Determination is a favorable reason for sentencing, such as the following: (a) the Defendant’s confession during the commission of the instant crime; (b) the Defendant committed the instant crime by drinking and contingently; (c) the degree of assault was not serious; and (d) the Defendant did not have the same criminal record; and (c) the Defendant committed the instant crime against the police officer in uniform; and (d) the Defendant committed the instant crime during the suspension of the execution of imprisonment with labor during

In full view of the above sentencing factors, in full view of the Defendant’s age, family relation, economic situation, background and motive leading up to the commission of the crime, and all other matters regarding the sentencing as indicated in the records and arguments in this case, the judgment below’s punishment is determined to be appropriate, and there is no change of circumstances to be considered in the trial at the present time, and the arguments between the Defendant and

3. In conclusion, the appeal by the defendant and the prosecutor is dismissed in accordance with Article 364(4) of the Criminal Procedure Act, since the appeal by the defendant and the prosecutor is without merit. It is so decided as per Disposition.

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