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(영문) 창원지방법원 2015.08.26 2015노1432
공무집행방해
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (the imprisonment of 10 months and the imprisonment of 2 years and the probation, and the community service order of 160 hours) declared by the court below is unreasonable.

2. The crime of this case was committed under the unfavorable circumstances, such as the Defendant’s assaulted the police officers on duty and obstructed the performance of official duties by the police officers, and the nature of the crime is not good, and the Defendant has been punished several times in the past. However, considering the favorable circumstances, such as the confession of each of the crimes of this case, the Defendant’s confessions through the prison life at the lower court, the Defendant appears to have been suffering from cerebrovascular, and is in the position to support her mother, the scope of the recommended sentence according to the sentencing guidelines of the Sentencing Commission by the Sentencing Commission (one year and four months of imprisonment), and other various sentencing conditions as shown in the records and arguments of this case, such as the Defendant’s age, character and behavior, environment, motive, means and consequence of the crime, and the circumstances after the crime, it cannot be deemed unreasonable to deem the sentence imposed by the lower court to be too 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 on the ground that it is without merit. It is so decided as per Disposition.

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