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(영문) 창원지방법원 2016.11.09 2016노1982
공무집행방해등
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (limited to six months of imprisonment, one year of suspended execution, one year of probation, and 60 hours of social service) declared by the court below is too uneasy and unreasonable.

2. The crime of this case is deemed to have been committed under the influence of alcohol by the Defendant, and thus obstructing the performance of official duties by assaulting a police officer wearing a uniform called upon receiving a report. However, the nature of the crime of this case is not good. However, in full view of the favorable circumstances such as the Defendant’s consent to the crime of causing property damage and the fact that the Defendant did not have any record of punishment for the same kind of crime, and other circumstances, such as the background of the crime of this case, the Defendant’s age, and the circumstances after the crime, etc., the sentence imposed by the lower court may not be deemed to be too weak.

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

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