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(영문) 창원지방법원 2017.01.19 2016노2203
공무집행방해
Text

The prosecutor's appeal is dismissed.

Reasons

1. The decision of the court below on the gist of the grounds of appeal (two years of suspended execution, one year of observation of protection, and 60 hours of community service in six months of imprisonment) is too uneased and unreasonable.

2. The prosecutor's assertion is without merit, in full view of the following facts: (a) although it is recognized that there is a need to strictly punish a crime of interference with the performance of official duties in order to establish a state's legal order and eradicate the light of public authority, it is recognized that the defendant recognized his mistake and reflects his behavior; (b) there is no criminal record exceeding the same kind of criminal record or suspended execution; (c) the defendant has been sentenced to surveillance and community service order together; and (d) other matters concerning the sentencing as indicated in the defendant's age, sex, sex, environment, circumstances after the crime, circumstances after the crime, and other records and changes theory of this case.

3. In conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the appeal is without merit. It is so decided as per Disposition.

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