beta
(영문) 대전지방법원 2018.08.16 2018노588

공무집행방해등

Text

All appeals by the defendant and the prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal: Improper sentencing;

A. The punishment sentenced by the court below (6 million won) is too unreasonable.

B. The sentence imposed by the prosecutor by the court below is too uneasible and unreasonable.

2. The lower court determined a punishment within a reasonable scope by fully taking into account the overall circumstances regarding the sentencing of the Defendant, and there is no circumstance to newly consider in the appellate court. Thus, even when considering the circumstances asserted by the Defendant and the Prosecutor on the grounds of each appeal, it cannot be deemed that the lower court’s punishment is too heavy or unreasonable on the ground that it is too heavy.

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