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(영문) 창원지방법원 2015.07.22 2015노1181
공무집행방해
Text

The prosecutor's appeal is dismissed.

Reasons

1. The main point of the grounds for appeal is that the sentence imposed by the lower court (two years of suspended execution in August and sixty hours of community service order) is deemed unreasonable as the sentence is excessively unhued.

2. In order to establish a national legal order and eradicate a light of public authority, there are unfavorable circumstances such as the fact that a strict punishment is needed for the crime of obstruction of performance of official duties, but the confession and reflect of the defendant, the degree of violence is relatively weak and the victim wants to feel the defendant's wife, and the defendant does not have any criminal record exceeding the same criminal record or fine, and other favorable circumstances such as the defendant's age, character and behavior, environment, motive, means and consequence of the crime, and the circumstances after the crime, etc., the punishment imposed by the court below cannot be deemed unfair, considering various sentencing conditions as stated in the records and arguments of this case, such as the following circumstances.

Therefore, the prosecutor's assertion of unfair sentencing is without merit.

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

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