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(영문) 창원지방법원 2019.09.25 2018노2843
공무집행방해
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (e.g., a fine of five million won) of the lower court is too unreasonable.

2. The court below’s punishment is too unreasonable in light of the following factors: (a) the Defendant’s age, character and conduct, environment, motive, means and consequence of the instant crime; and (b) the circumstances after the instant crime were committed; and (c) the fact that there was no previous conviction exceeding the fine is more favorable; and (d) the fact that the quality of the instant crime is not good in light of the details and method of the instant crime; and (e) the Defendant’s age, character and conduct, environment, motive, means and consequence of the instant crime;

There is no reason to view that the sentencing conditions have changed in the appellate court.

Therefore, prosecutor's assertion is without merit.

3. The prosecutor's appeal of conclusion is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the ground that it is without merit.

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