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(영문) 창원지방법원 2016.12.01 2016노1906
공무집행방해등
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal is unreasonable as the penalty of the lower judgment (three million won of a fine) is too unhued.

2. In order to establish the judgment, establish the state’s legal order and eradicate the light of public authority, the fact that the crime of obstruction of performance of official duties requires strict punishment is an unfavorable reason for sentencing, and the fact that the defendant led to the confession of the crime and the agreement with the victim, the degree of injury suffered by the victim is not much serious, and the primary reason for sentencing is favorable.

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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