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(영문) 창원지방법원 2018.08.29 2018노1388
공무집행방해
Text

All appeals by the defendant and the prosecutor are dismissed.

Reasons

1. Summary of the grounds for appeal each sentencing (the sentence of the lower court: a fine of KRW 3,00,000)

2. The lower court determined that the instant crime was committed during the period of repeated crime, but did not know at the end of repeated crime; the Defendant recognized the Defendant’s mistake and reflects his fault; the Defendant did not have the same power; and the Defendant was sentenced in consideration of various sentencing conditions as indicated in the instant records and arguments, including the Defendant’s age, sex, environment, motive and means of the crime, and circumstances after the crime.

The grounds for the improper sentencing (the economic situation and health conditions of the defendant, the defendant's reflects himself, etc.) alleged by the prosecutor and the grounds for the improper sentencing (the fact that there are many previous crimes, such as the six times prior to the damage of property, the fact that it is a crime during the period of repeated crimes, the nature of the crime, etc.) alleged by the prosecutor are determined by the court below, which has already taken into account sufficient factors in determining the punishment against the defendant, and otherwise

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, the appeal by the defendant and the prosecutor is dismissed in accordance with Article 364(4) of the Criminal Procedure Act on the grounds that the appeal by the defendant and the prosecutor is without merit. It is so decided as per Disposition.

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