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(영문) 광주지방법원 2015.10.14 2015노2096

업무방해등

Text

All appeals filed by the defendant and prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The sentence of the lower court (one hundred months of imprisonment, and a fine of five hundred thousand won) is too unreasonable.

B. The Prosecutor’s sentence of the lower court is too unhued and unreasonable.

2. Although there are favorable circumstances, such as the fact that the Defendant acknowledges and reflects all of his mistake, the fact that the Defendant agreed with the victim'sO and T, while the Defendant repeatedly committed the instant crime under the influence of alcohol during the period of repeated offense, the Defendant’s establishment of a state’s legal order and the need to strictly punish the instant crime of obstruction of performance of official duties in order to eradicate a light of public authority. There are no special circumstances or changes in circumstances that may be considered in sentencing newly after the sentence of the lower judgment, and other various sentencing conditions as shown in the instant argument, such as the background of the instant crime, circumstances after the crime, the circumstances after the crime, the Defendant’s age, character and conduct, and environment, are considered, and thus, it is not recognized that the lower court’s punishment is too heavy or unreasonable. Accordingly, the Defendant and the Prosecutor

3. In conclusion, the appeal filed by the defendant and the prosecutor is without merit, and all of them are dismissed in accordance with Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition.