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(영문) 창원지방법원 2017.11.09 2017노2415
공무집행방해
Text

The prosecutor's appeal is dismissed.

Reasons

1. The sentence (4 million won in penalty) that the court below rendered by the court below on the gist of the grounds of appeal is deemed to be too unhutiled and unfair.

2. It is not good to show the attitude of assaulting a police officer dispatched upon receipt of a report by the defendant, obstructing the execution of his duties and destroying public authority, and the defendant has three times of criminal records related to violence, etc., which are disadvantageous to the defendant.

However, the fact that the defendant recognized and reflected the crime of this case, the crime of this case is deemed to have been committed by the defendant under the influence of alcohol, and the violence that occurred at the time is not very serious enough, and it is not punishable by the crime of interference with the execution of official duties, and there is no criminal record heavier than the suspension of execution, and it will not be re-offending in the future.

In full view of the various circumstances, such as the Defendant’s age, environment, sexual conduct, motive for committing a crime, and circumstances before and after committing a crime, etc., the lower court’s punishment cannot be deemed as unfair because it is too unfasible and unreasonable.

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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