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(영문) 창원지방법원 2017.04.27 2017노521
공무집행방해
Text

All appeals by the defendant and the prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The punishment of the lower judgment (six months of imprisonment) is too unreasonable.

B. The form of the lower judgment by the prosecutor is too uneasible and unreasonable.

2. We examine the judgment: (a) the fact that the Defendant recognized his mistake and reflects the Defendant; (b) appears to have committed contingent acts under the influence of alcohol; (c) on October 13, 2016, the Changwon District Court sentenced the Defendant to two years of suspension of execution on October 21, 2016 by obstructing the performance of official duties, etc.; and (d) on October 21, 2016, the judgment became final and conclusive and conclusive on October 21, 2016; and (c) where the imprisonment of this case is finalized, the said suspension of execution is invalidated; (d) the crime of this case is a favorable reason for sentencing; (e) the crime of this case is not very good that the Defendant committed assaults the police officers in uniform; (e) the same criminal record is five times; and (e) the crime of this case

In full view of the above sentencing factors, in full view of the Defendant’s age, family relation, economic situation, background and motive leading up to the commission of the crime, and all other matters regarding the sentencing as indicated in the records and arguments in this case, the judgment of the court below is judged to be appropriate, and there is no change of circumstances to be considered additionally in the trial, and thus the Defendant and the Prosecutor’s assertion

3. In conclusion, the appeal by the defendant and the prosecutor is dismissed in accordance with Article 364(4) of the Criminal Procedure Act, since the appeal by the defendant and the prosecutor is without merit. It is so decided as per Disposition.

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