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(영문) 창원지방법원 2013.11.08 2013노1693
업무방해등
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal is unreasonable because the sentence imposed by the court below on the defendant is too unhued.

2. In light of the fact that the Defendant had a record of having been punished several times for the same crime, and that from the date when he was sentenced to imprisonment with prison labor for the same crime and was released from the prison, the quality of the instant crime is not good, and that the degree of assault by the police officer is not less light, there is a need to strictly punish the Defendant.

However, in light of the Defendant’s age, character and conduct, environment, family relationship, motive, means and consequence of the instant crime and all of the sentencing conditions indicated in the record, such as the circumstances after the commission of the crime, it cannot be deemed that the lower court’s punishment is too unfasible and unreasonable.

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.

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