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(영문) 춘천지방법원 강릉지원 2013.11.26 2013노404

특수공무집행방해

Text

All appeals filed by the defendant and prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The punishment of the court below (the fine of five million won and confiscation) is too unreasonable.

B. The Prosecutor’s sentence of the lower court is too unhued and unreasonable.

2. The judgment of the Defendant committed the instant crime again during the period of suspension of execution due to the crime of obstruction of performance of official duties, which is the same crime, and the fact that the method of committing the instant crime is not sufficient to carry hand hand hand hand hand hand hand hand hand, which is a dangerous thing, is disadvantageous to the Defendant.

However, in full view of all the sentencing conditions, including the fact that the defendant did not directly use the victim's fingers in assaulting the victim, that the victim was not punished against the defendant, that the defendant is detained until the time of the decision of the court below until the time of the decision of the court below, and that his mistake is divided, the sentence of the court below is deemed appropriate, and it cannot be deemed that it is too weak 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.