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(영문) 창원지방법원 2017.06.22 2017노1023
공무집행방해등
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal is that the punishment (five million won in penalty) of the lower judgment is too unfilled and unfair, and that the penal detention is appropriate for the violation of the Punishment of Minor Offenses Act.

2. In full view of all favorable sentencing factors, including the following: (a) the person committed a crime against the police officer in uniform, the crime of obstructing the performance of official duties against the police officer; (b) the defendant committed a disturbance within the police station; (c) the defendant led to the confession of the crime; (d) the degree of interference with the performance of official duties is not heavy; and (e) the punishment of a fine is more favorable than the penal penalty; and (e) the punishment of a fine is more severe than the penal penalty; (c) the defendant’s age, family relation, economic situation; (d) the background and motive leading to the crime; and (e) other matters on the sentencing as indicated in the records and arguments of this case, the punishment of the court below is deemed reasonable; and (e) the prosecutor’

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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