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(영문) 창원지방법원 2017.11.02 2017노2643
공무집행방해
Text

The prosecutor's appeal is dismissed.

Reasons

1. The judgment of the court below on the gist of the grounds of appeal is unreasonable because the punishment (3 million won in penalty) of the court below is too unfilled.

2. We examine the judgment, the defendant's mistake is recognized and against himself, the primary offense is the first offense, the infringement of intellectual disability 3 is favorable, and the use of violence is the use of force against the police officer who has worn a uniform, the police officer's desire to take a bath, and the use of assault against the police officer who has walking the inside of the police officer is a disadvantageous reason for sentencing.

In full view of all the above sentencing factors, the Defendant’s age, sex, career, family relation, economic situation, background and motive leading up to the commission of the crime, circumstances after the commission of the crime, and other matters on the sentencing indicated in the records and arguments on the change of the circumstances, the judgment below’s punishment is deemed appropriate, and the prosecutor’s assertion is without merit, since there is no change of circumstances to be considered in the trial.

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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