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(영문) 수원지방법원 2014.11.27 2014노5264

공무집행방해

Text

All appeals filed by the defendant and prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. In light of the overall sentencing conditions of Defendant 1 in the instant case, the lower court’s punishment (basic fine of KRW 3 million) is too unreasonable.

B. In light of all of the sentencing conditions of the Prosecutor’s instant case, the lower court’s sentence is too uneasible and unreasonable.

2. In light of the fact that the crime of this case was committed by assaulting a police officer who properly performed his duties and obstructing the performance of his duties, while the defendant is against his own crime and is divided, the defendant is the first offender who has no record of the crime before this case, and other various matters stipulated in Article 51 of the Criminal Act, which are conditions for sentencing, such as the defendant's age, character and conduct and environment, the punishment determined by the court below is appropriate, and it is not deemed unfair or unreasonable.

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