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(영문) 창원지방법원 2017.10.19 2017노2039
공무집행방해등
Text

The prosecutor's appeal is dismissed.

Reasons

1. The sentence imposed by the court below on the summary of the grounds for appeal (the imprisonment of eight months and the suspension of execution of two years) is too unhued and unfair.

2. The Defendant’s act of assaulting a police officer, obstructing the legitimate execution of his duties, and destroying the public authority is not good. The Defendant committed each of the instant bodily injury without any particular reason, and the Defendant committed an injury by assaulting the victims and causing the injury, and each of the instant bodily injury committed by obstructing the performance of official duties once and once, is disadvantageous to the Defendant.

However, in full view of the following circumstances: (a) the Defendant recognized each of the instant offenses; (b) agreed with the victims; (c) the police officer, who was assaulted, does not want to be punished by the Defendant; (d) the Defendant does not have any criminal record of suspension of execution or more; and (e) there are no special circumstances or changes in circumstances that may newly be considered in the trial; and (e) other various circumstances, including the Defendant’s age, environment, sexual conduct, motive for the commission of the crime; and (e) the circumstances before and after the commission of the crime, etc., the sentence of the lower court cannot be deemed unfair

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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