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(영문) 창원지방법원 2020.12.11 2020노842
공무집행방해
Text

The prosecutor's appeal is dismissed.

Reasons

1. The sentencing of the lower court (a fine of five million won) is too unhued and unreasonable.

2. The fact that the judged defendant has already been punished several times, and that he/she again commits each of the crimes of this case even though he/she is still under the probation period is disadvantageous to the defendant.

On the other hand, the circumstances favorable to the defendant include the fact that the defendant committed each of the crimes of this case, the defendant committed each of the crimes of this case in a contingent manner, the fact that the victims committed a serious death with the victim, and the fact that the defendant's health status was not good.

In full view of the above circumstances and other factors of sentencing, such as the Defendant’s age, character and conduct, environment, motive, means, and consequence of the crime, etc., the lower court’s sentencing against the Defendant is too uneasible and unreasonable. Therefore, the Prosecutor’s assertion of unfair sentencing 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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