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(영문) 광주지방법원 2018.11.20 2018노1634

공무집행방해등

Text

Defendant

All appeals by prosecutors are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The sentence of the lower court (one year of imprisonment, two years of suspended execution, observation of protection, and community service time 80 hours) is too unreasonable.

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

2. The fact that the judgment defendant recognized the instant crime and reflected against the Defendant, and that it agreed with the victim K and J is favorable.

However, there are many criminal records of the same violence committed against the defendant, and the defendant again committed a special injury, special intimidation, or interference with business while being prosecuted and tried by the obstruction of the execution of official duties in this case, and the nature of the crime is not good in light of the method of crime, and the fact that the damaged police officer wanting punishment for the defendant is disadvantageous.

There are no special circumstances or changes in circumstances that can be newly considered in the trial of the party, and comprehensively taking account of the records and arguments of this case, such as the defendant's age, sex, family relationship, circumstances of the crime, and the circumstances after the crime, the lower court's punishment is too heavy or unbrupted so that it cannot be deemed unfair.

Defendant

We do not accept the prosecutor's assertion.

3. 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.