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(영문) 인천지방법원 2015.10.29 2014노3505

공무집행방해

Text

All appeals filed by prosecutors and defendants are dismissed.

Reasons

1. As to the summary of the grounds for appeal (six months of imprisonment), the prosecutor asserts that the punishment is too uneasible and unfair, and the defendant asserts that the punishment is too unreasonable.

2. On the grounds for appeal by the judgment prosecutor and the defendant, the defendant is led to confession, the defendant has no same criminal record, the police officer F who is the other party to the crime of obstruction of performance of official duties of this case, and one million won per person for G, and the fact that the defendant has an opportunity to reflect by fulfilling all the term already sentenced by the court below is favorable, but the fact that the defendant has an opportunity to reflect by interfering with the duties of the police officers in lawful performance of official duties is bad, and that the crime of this case has been committed during the period of suspension of execution is disadvantageous.

In full view of the above circumstances and other circumstances, such as the Defendant’s age, character and conduct, the motive, means and method of the instant crime, and the circumstances after the crime, the lower court’s punishment against the Defendant is deemed appropriate, and it is not deemed that the Defendant is excessively light or harsh.

3. If so, the appeal by the prosecutor and the defendant 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.