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(영문) 광주지방법원 2016.09.06 2016노2154

공무집행방해등

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All appeals filed by the defendant and prosecutor are dismissed.

Reasons

1. On the other hand, the defendant asserts that the defendant is too uncompared and unfair against the summary of the grounds for appeal (two months of imprisonment and a fine of 500,000 won), while the prosecutor filed each appeal by asserting that the prosecutor is too uncompared and unreasonable.

(The prosecutor stated his opinion that the defendant should be sentenced to one year of imprisonment). 2. The degree of injury inflicted on the defendant is relatively minor, and the fact that the defendant deposited KRW 300,000 for the police officer who is the victim in the trial is the factor of sentencing favorable to the defendant.

However, since the defendant committed a crime of obstruction of the performance of official duties again during the period of suspension of execution due to the same crime, the police officer who reported him/her falsely and dispatched to the police officer is not liable for the crime, and the former has been punished several times for the same crime, it is inevitable to punish the defendant at this time.

Considering the above circumstances, the Defendant’s age, character and conduct, and environment, etc., the punishment determined by the lower court against the Defendant is within the reasonable scope of discretion, and is not deemed as excessive or unreasonable.

Therefore, the defendant and prosecutor's argument of unfair sentencing is without merit.

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