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(영문) 창원지방법원 2017.09.15 2017노2009
특수폭행등
Text

The prosecutor's appeal is dismissed.

Reasons

1. Sentencing sentencing on the gist of reasons for appeal

2. The crime of this case is found to be committed by the Defendant on the ground of a beer’s head, and the Defendant’s voluntary accompanying to the police box is not good to avoid disturbance. The act of revocation at the government office’s revocation requires strict punishment since it substantially interferes with the duties of the legitimate police officer of the State. The Defendant committed each of the crimes of this case during the period of suspension of execution of official duties.

However, in light of the Defendant’s age, sex, environment, motive and means of a crime, circumstances after a crime, etc., as well as the fact that the Defendant led to any contingent crime while under the influence of alcohol, and other various sentencing conditions as shown in the instant records and arguments, such as the Defendant’s age, sex, environment, motive and means of a crime, etc., the lower court’s punishment (amounting to five million won) is too uneasy and unreasonable, as it is too uneasible within the reasonable scope of discretion.

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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