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(영문) 창원지방법원 2016.07.07 2015노1975
특수공무집행방해
Text

The prosecutor's appeal is dismissed.

Reasons

1. The decision of the court below on the gist of the reasons for appeal (two years of suspended sentence in the month of imprisonment with prison labor) is unfair as it is too unfasible.

2. The judgment of the court below is based on the following facts: (a) the crime of this case is committed by actively opposing the exercise of public authority, such as whether the defendant was a dangerous object, citing stone, or ice to a police officer; (b) the nature of the crime is very poor; (c) the State’s legal order and order are established and in order to eradicate the light view of public authority, it is recognized that there is a need to strictly punish a person who interferes with the performance of official duties; (d) the defendant was detained for a certain period; (e) the defendant is an initial offender who has no criminal record; (e) the defendant’s health is not good; and (e) other matters concerning the sentencing specified in the defendant’s age, sex, family relation, circumstances after the crime is committed; and (e) the prosecution’s argument 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 grounds that the appeal is without merit. It is so decided as per Disposition.

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