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(영문) 창원지방법원 2018.04.18 2017노3747
특수공무집행방해등
Text

All appeals by the defendant and the prosecutor are dismissed.

Reasons

1. The summary of the grounds for appeal each sentencing (the sentence of the lower court: 10 months; the Defendant, at the second trial date, withdrawn the allegation of misapprehension of the legal doctrine on the grounds of appeal)

2. The lower court determined that the Defendant committed the instant crime during the suspended execution period due to separate violent crimes, etc., and that many police officers are not good due to the instant crime, and that the injury was not recovered due to the occurrence of the instant crime, under the circumstances unfavorable to the Defendant, the Defendant recognized the instant crime, and committed an excessive act in the atmosphere at the time of the instant crime, and that the Defendant did not have a criminal record, and committed an excessive act in favor of the Defendant’s family members and persons, etc. with disabilities, and determined a sentence by taking into account the following factors: (a) the Defendant’s age, sex behavior, environment, motive and means of the instant crime, circumstances after the instant crime, etc.; and (b) the Defendant’s family members and persons, etc. with disabilities with disabilities, was committed by taking into account various sentencing conditions as indicated in the instant records and arguments.

The grounds for unfair sentencing (the fact that the defendant is a beneficiary with interest, health condition, etc.) alleged by the defendant and the grounds for unfair sentencing (the fact that the defendant is a violent assembly demonstration using a deadly weapon, the fact that the victim police officer up to five persons, the necessity of strict punishment for obstructing the performance of official duties of police officers wearing uniforms) alleged by the prosecutor are all considered in determining the punishment for the defendant, and the above conditions of sentencing have changed differently.

There is no circumstance to see the above sentencing conditions, and considering the above sentencing conditions, the sentence of the court below is determined to be reasonable within the reasonable scope of discretion.

All the arguments of the defendant and the prosecutor are without merit.

3. In conclusion, since all appeals filed by the defendant and the prosecutor are without merit, they are all dismissed in accordance with Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition.

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