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(영문) 대구지방법원 2018.07.05 2018노1733

공무집행방해

Text

All appeals by the defendant and the prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The punishment sentenced by the lower court (3 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 rendered the above sentence, taking into account the favorable circumstances such as the fact that the Defendant had no record of punishment exceeding the same criminal record or fine (the last punishment was executed before 10 years), and that the Defendant recognized the Defendant’s mistake and reflects it.

In full view of the fact that there is no change of circumstances in the lower court’s sentencing, other than the circumstances considered by the lower court, and all the conditions of sentencing as shown in the records and arguments, including the Defendant’s age, sex, environment, background leading to the commission of the crime, means and consequence, circumstances after the crime, etc., the lower court’s judgment cannot be deemed unfair to have exceeded, or maintain, the reasonable bounds of discretion (see Supreme Court Decision 2015Do3260, Jul. 23, 2015). Accordingly, each of the unfair arguments of sentencing by the Defendant and the prosecutor are without merit.

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