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(영문) 광주지방법원 2017.02.08 2016노4493

공무집행방해등

Text

All appeals by the defendant and the prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The sentence imposed by the lower court (six months of imprisonment) is too unreasonable.

B. The sentence imposed by the prosecutor by the court below is too uneasible and unreasonable.

2. The crime of this case was committed by the Defendant upon receiving a report of 112 and causing injury to the police officer, which is not good in quality of the crime, and there is a need to strictly punish the crime obstructing the performance of official duties in order to establish the state’s legal order and eradicate the light of the public authority. The Defendant has been punished several times for the same violent crimes. In particular, the Defendant committed the crime of this case due to a criminal record as stated in the first head of the original judgment of the lower court, which was committed during the period of repeated crime.

On the other hand, it is advantageous to the fact that the defendant properly recognizes and reflects his mistake, and that the defendant does not punish the defendant by agreement with the damaged police officer.

In addition, comprehensively taking account of the circumstances leading up to the instant crime, the circumstances after the instant crime, the Defendant’s age, sexual conduct, and environment, etc., the lower court’s punishment is too heavy or it is not deemed unfair as it is too heavy, and thus, the Defendant and the Prosecutor’s assertion are without merit.

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.