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(영문) 창원지방법원 2016.08.18 2016노904
공무집행방해등
Text

Defendant

All appeals by prosecutors are dismissed.

Reasons

1. The defendant asserts that, with respect to the punishment (two years of suspended execution, one hundred thousand won of fine, and forty hours of social service in prison for six months) of the judgment of the court below as to the summary of the reasons for appeal, the defendant is too unreasonable, and the prosecutor is too unfied and unfair.

2. In order to establish the judgment, establish the state’s legal order and eradicate the light of the public authority, there is a need to strictly punish a crime of interference with the performance of official duties, the police officer who was assaulted strongly wants to punish the defendant, and the fact that the defendant was committed for a considerable period of criminal records, such as violence and two times, is a reason for sentencing disadvantageous to the defendant. The fact that the defendant is led to the confession of the crime, and the degree of interference with the performance of official duties is not much serious, and that the person with a disability of class 6 is a person with a disability of

In full view of the above sentencing factors, in full view of the Defendant’s age, family relation, economic situation, background and motive leading to the commission of the crime, and all other matters on the sentencing indicated in the records and arguments of this case, the sentence of the lower judgment is deemed reasonable, and the Defendant and the Prosecutor’s assertion are without merit.

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

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