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(영문) 서울서부지방법원 2016.06.02 2015노1484

공무집행방해등

Text

All appeals by the defendant and the prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The sentence of the lower court (an amount of KRW 4 million) is too unreasonable.

B. The Prosecutor’s sentence (4 million won) of the lower court is too unhued and unreasonable.

2. In light of the following circumstances: (a) the background leading up to the Defendant’s crime of intrusion on the residence of this case; (b) the background leading up to the Defendant’s crime and the process leading up to the Defendant’s crime of intrusion; and (c) the Defendant assaulted a police official who properly performed his duties; (d) the need for strict punishment is unfavorable to the Defendant; (c) the confession of the Defendant; (d) the victim D does not want to be punished against the Defendant; and (e) the fact that there was

In addition to the above circumstances, comprehensively taking account of the defendant's age, career, sexual conduct, motive for the crime of this case, circumstances after the crime, etc., the sentence of the court below is deemed appropriate.

Therefore, each of the unfair sentencing arguments of the defendant and the prosecutor is without merit.

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