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(영문) 창원지방법원 2017.09.07 2017노1445
공무집행방해등
Text

The prosecutor's appeal is dismissed.

Reasons

1. The main point of the grounds for appeal is that the sentence imposed by the court below on the defendant (one hundred months of imprisonment and two years of suspended sentence) is too unhued and unfair.

2. The circumstances that are disadvantageous to the defendant, such as the fact that the defendant, even though he had been sentenced seven times to a fine due to the crime related to violence, has inflicted an injury on the victim K, that the defendant caused an obstacle to the police officer's duties and destroyed public authority, and that the crime is not good;

However, in full view of the following circumstances: (a) the Defendant acknowledges and reflects all of the crimes; (b) the Defendant applied the Defendant’s wife to the victim and the police officers by mutual consent with the victim and the police officers; (c) the Defendant did not have any record of being punished for the same kind of crime after being sentenced to a fine of KRW 500,000 for the crime of injury in 2012; (d) there was no record of criminal conviction; and (e) there was no special relationship or change of circumstances that may be newly considered in the trial; and (e) other circumstances that form the conditions for sentencing as shown in the records and arguments of the instant case, such as the Defendant’s age, environment, sex behavior, details of the crime, and conditions before and after the crime

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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