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(영문) 서울서부지방법원 2014.11.28 2014노1412

공무집행방해등

Text

The defendant and prosecutor's appeal are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The sentence of the court below (the fine of 4 million won, the order of provisional payment) is too heavy.

B. The Prosecutor’s sentence of the lower court is too minor.

2. Determination is a favorable condition for the defendant, such as the fact that the defendant made a confession of the crime and seriously reflects the defendant, the first offender, the fact that the defendant was involved in contingent crimes, and the fact that family members and branch members want to take the preference of the defendant. The crime of this case is an insulting and assaulting the static landscape in the course of performing their duties, and the nature of the crime is not good, and the landscape of damage wants to be punished by the defendant is disadvantageous to the defendant.

In full view of all the factors of sentencing indicated in the argument of this case, including the above circumstances and the background of the crime of this case, the defendant's age, character and conduct, and economic situation, the sentence of the court below against the defendant is appropriate.

3. According to the conclusion, the appeal filed by the defendant and the prosecutor is dismissed in accordance with Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition.