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(영문) 광주지방법원 2016.04.20 2016노367

공무집행방해

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 (four months of imprisonment) is too unreasonable.

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

2. The Defendant committed the instant crime under a suspended sentence of two years for a violation of the Punishment of Violences, etc. Act (a collective weapon, etc.) on March 12, 2014, even though he/she was sentenced to a suspended sentence of two years for a period of suspension of the execution, etc., on the other hand, at the same time, the Defendant recognized his/her mistake and reflects against himself/herself, agreed with the victimized police officers, and supported the victimized children. In addition, taking into account the circumstances leading up to the instant crime, the circumstances after the crime, the Defendant’s age, sexual behavior, and the result of the application of the sentencing guidelines of the Supreme Court Sentencing Committee, it is not recognized that the lower court’s punishment is too heavy or it is unfair because the Defendant and the prosecutor’s assertion are unjustifiable.

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