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(영문) 창원지방법원 2016.07.21 2016노859
공무집행방해등
Text

The prosecutor's appeal is dismissed.

Reasons

1. The main point of the grounds for appeal is that the sentence (3 million won in penalty) imposed by the court below on the defendant is too unhued and unfair.

2. Each of the instant crimes committed by the instant police officers who want to have a drunk Defendant returned home, interfere with the performance of duties by the instant police officers, and at the same time, inflict bodily injury upon the police officers, which is an official object, and the nature of the crime is not good. The crime interfering with the performance of official duties is a threat to the legitimate exercise of governmental authority by the State and the safety of public officials, and thus, requires strict punishment.

However, in full view of the following circumstances: (a) the Defendant led to confession of and reflects on the facts constituting an offense; (b) the fact that the Defendant agreed with the victim; (c) the Defendant was sentenced to a fine once due to drinking driving; and (d) there was no other criminal record other than the Defendant who was sentenced once due to a fine; and and (c) other circumstances that are conditions for sentencing as shown in the records and arguments of this case, such as the Defendant’s age, environment, sex behavior, motive for the crime

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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