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(영문) 수원지방법원 2017.10.23 2017노5541

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 (one year and two months of imprisonment) is too unreasonable.

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

2. The judgment of this case is that the defendant assaultsed the victim L, damaged the victim D's property, and obstructed the performance of official duties by assaulting the police officer, and the nature of the crime is not weak in light of the content and result of the crime.

In addition, the defendant has several criminal records including the same criminal records, and this case is also a repeated crime of the same kind.

On the other hand, however, the defendant shows the attitude of recognizing and opposing his mistake, and the victim D does not want to be punished against the defendant.

Considering the above conditions unfavorable or favorable to the defendant, and other conditions of sentencing as shown in the argument of this case such as age, sex, environment, etc., the sentence of the court below does not seem to be too heavy or unreasonable because it is within the proper scope of sentencing discretion. Thus, the above assertion by the defendant and the prosecutor is without merit.

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