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(영문) 창원지방법원 2017.03.23 2016노2833
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. In light of the judgment, the crime of this case was committed by assaulting a police officer who has worn a uniform, which is not good to the nature of the crime, and the fact that the police officer failed to receive a letter is an unfavorable sentencing ground, which is disadvantageous to the defendant, and there is no previous conviction except twice a fine, and the fact that the crime of this case was committed in the course of entering his house is favorable sentencing grounds.

The Prosecutor’s assertion is without merit, given that the judgment of the court below is reasonable, in light of the above sentencing factors comprehensively considering 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 as indicated in the records and arguments of this case.

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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