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(영문) 서울동부지방법원 2016.07.22 2016노457

공무집행방해

Text

Defendant

All appeals by prosecutors are dismissed.

Reasons

The gist of the grounds for appeal by the defendant is that the sentence of the court below which sentenced the fine of 3,00,000 won to the defendant is too unreasonable in light of the defendant's family relationship and economic circumstances. On the other hand, the gist of the reasons for appeal by the prosecutor is that the defendant's crime of this case is an obstacle to the execution of official duties by the police officers wearing uniform, and that the crime of this case is not good and that of this case is two times in case of the same kind of criminal records, etc., the above sentence of the court below is too unfair.

In light of all the above circumstances as asserted by the Defendant and the Prosecutor, the lower court appears to have determined the kind and quantity of punishment by taking into account the nature and degree of assault, and other various circumstances, including the Defendant’s age, environment, and circumstances after the commission of the crime, and thus, it cannot be deemed that the sentence of the lower court is appropriate, and that the sentence is too heavy or unreasonable.

Therefore, the appeal by the defendant and the prosecutor is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the appeal by the defendant and the prosecutor is without merit. It is so decided as per Disposition.