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(영문) 창원지방법원 2017.11.22 2017노1987
경범죄처벌법위반
Text

The prosecutor's appeal is dismissed.

Reasons

1. The gist of the grounds for appeal is that the lower court’s punishment (amounting to 600,000 won) is unfair as it prevents the Defendant from repeating a crime and is not adequate to achieve the preventive purpose of punishment, and thus, the Defendant should be sentenced to penal detention.

2. The instant crime is deemed to be an act of disturbing the revocation of the owner within the police station’s boundary, and the nature of the crime is not good, and the circumstances in which the Defendant was punished for obstructing the performance of official duties are recognized.

However, the court below determined that the punishment of the court below is appropriate in consideration of various sentencing conditions shown in the records and arguments of this case, including the fact that the court below sentenced the maximum statutory penalty, the confession and reflection of the defendant, the fact that only the punishment of the defendant is satisfied with the purpose of preventing the edification and punishment of the defendant, and other factors such as the defendant's age, sexual conduct, environment, motive and means of the crime, and circumstances after the crime.

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 grounds that the appeal is without merit. It is so decided as per Disposition.

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