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(영문) 창원지방법원 2017.09.06 2017노1543
공무집행방해등
Text

The prosecutor's appeal is dismissed.

Reasons

1. Sentencing sentencing on the gist of reasons for appeal

2. The lower court determined that the Defendant’s mistake was divided in depth and reflected, and that there were some circumstances that may be somewhat taken into account the motive and background leading to each of the instant crimes, and that the Defendant did not agree with the victims, and that there were several times the records that he was punished as violent crimes even before, and in particular, the obstruction of the performance of official duties not only undermines the legal order of the State, such as nullifying the legitimate exercise of public authority, but also undermining the general public’s safety transition, and thus, there is a need for strict punishment corresponding thereto. The lower court determined the sentence by taking into account each of the instant crimes and the consequences of the instant crimes, and taking into account the sentencing conditions and sentencing criteria, such as the circumstances after the commission of the crime, the Defendant’s age, sexual behavior, intelligence, environment, etc.

The appellate court, compared to the first instance court, has no change in the conditions of sentencing, and the first instance sentencing does not deviate from the reasonable scope of discretion, it is reasonable to respect the first instance sentencing judgment.

As the prosecutor asserts on the ground of appeal, it is necessary to strictly punish a crime that interferes with the performance of official duties in order to establish the law and order, and even though the nature of the crime is not good and there are many kinds of records on the defendant, this seems to have already been considered in the judgment of sentencing of the court below, and the above conditions of sentencing have changed significantly in the trial.

It is difficult to see it.

In full view of the above sentencing, the lower court’s sentence cannot be deemed unfair because it is too unffortunate.

Therefore, the prosecutor's above assertion is without merit.

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

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