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(영문) 창원지방법원 2017.04.13 2017노372
공무집행방해
Text

The prosecutor's appeal is dismissed.

Reasons

1. The decision of the court below on the gist of the grounds of appeal (one year of suspended sentence in six months of imprisonment) is unreasonable because it is too unfasible.

2. The judgment is based on the following reasons: (a) the Defendant led to the confession of a crime; (b) the Defendant did not have any criminal record other than the punishment history of fines related to violence once around 1988; (c) the support of the mother is a favorable sentencing ground; (d) the Defendant used violence against the police officer who weared the uniform; and (e) the police officer who was dispatched upon receiving a report on 112 when driving the chest and the boat of the police officer called out upon receiving the report, and (e) the degree of the assault is not somewhat weak.

The Prosecutor’s assertion is without merit, on the ground that the lower court’s punishment is reasonable, in full view of the following: (a) the Defendant’s age, sexual conduct, career, family relation, economic situation, background and motive leading up to the commission of an offense; (b) circumstances after the commission of an offense; and (c) other matters regarding the sentencing as indicated in the records and arguments on changes

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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