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(영문) 창원지방법원 2017.08.10 2017노1533
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 (five million won in penalty) of the court below is too unhued.

2. In light of the judgment, the fact that the defendant is against the defendant's wrong recognition and without the same criminal record is a favorable reason for sentencing, and that the defendant uses violence against the police officer who has worn the uniform, and the obstruction of the performance of official duties not only undermines the function of the state's legal order and order, but also is related to the excessive national safety of the general public, and thus, the fact that the corresponding strict punishment is necessary is a reason for sentencing unfavorable to the defendant.

The Prosecutor’s assertion is without merit, on the ground that the lower court’s punishment is reasonable, in full view of the following: (a) the Defendant’s age, sexual conduct, career, family relation, economic situation, background and motive leading up to the commission of an offense; (b) circumstances after the commission of an offense; and (c) other matters regarding the sentencing as indicated in the records and arguments on changes

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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