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(영문) 창원지방법원 2016.12.15 2016노2020
공무집행방해
Text

The prosecutor's appeal is dismissed.

Reasons

1. The decision of the court below on the gist of the reasons for appeal (two years of suspended sentence in six months of imprisonment) is too unfluent and unfair.

2. In order to establish the judgment, establish the state’s legal order and eradicate the light of the public authority, the fact that the crime of obstructing the performance of official duties requires strict punishment is an unfavorable reason for sentencing. The fact that the defendant deposited KRW 1 million for the police officer who suffered damage in the trial of the party, led to the confession of the crime, and reflects the fact that the defendant was punished once by a fine due to the crime of violating the Road Traffic Act.

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

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

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