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(영문) 서울중앙지방법원 2017.05.11 2017노380 (1)
일반교통방해등
Text

All appeals by the defendant and the prosecutor are dismissed.

Reasons

1. The summary of the grounds for appeal (unfair sentencing) by the lower court (one year of imprisonment and two years of suspended sentence) is too heavy or (one year of suspended sentence) it is too heavy.

2. That there are circumstances to consider the motive leading to the instant crime; recognition of and reflects on the commission of the crime; interference with the performance of official duties; and the offender appears to have participated in the event at the conference conference on the day rather than preparing the crime in advance; and that the degree of intimidation is significant.

In light of the fact that the crime of this case does not appear to be favorable to the defendant, the crime of this case prevents police officers from performing their duties while executing warrant of arrest, has escaped, and requires strict punishment, and the defendant has been punished for the same kind of crime even before the crime of this case, considering the circumstances unfavorable to the defendant, as well as the sentence imposed on other accomplices related to interference with the performance of duties and the defendant's age, sexual behavior, environment, motive and background of the crime, means and method of the crime, and other various circumstances that form the conditions for the argument of this case and the sentencing specified in the record, such as the circumstances after the crime, etc., the sentence imposed by the court below is deemed to be appropriate, and it is not recognized that the punishment imposed by the defendant is too heavy or uneasible.

Therefore, we cannot accept all the defendant and prosecutor's argument.

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

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