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(영문) 대구지방법원 2014.12.26 2013노3409
공무집행방해
Text

All appeals filed by prosecutors and defendants are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The sentence imposed by the prosecutor by the court below (5 million won of a fine) is too unhued and unreasonable.

B. The sentence imposed by the Defendant by the lower court is too unreasonable.

2. The judgment of the court below is a favorable condition that the defendant led to the confession and reflect of all of the crimes of this case, the damage incurred by the crime of this case is not serious to the victim, the defendant has no record of being punished for the same kind of crime except for the punishment (one million won of a fine) for the crime of concealment of Official Labeling in 2011; the defendant's crime of this case is deemed to have failed to comply with the correctional officer's legitimate direction of duty during the convict and has committed abusive and assault to a correctional officer; the defendant committed the crime of this case without being aware of the past criminal punishment; the defendant committed the crime of this case; the defendant was detained for about two months by the crime of this case; the defendant was detained for about two months by the crime of this case; the defendant's age, character and behavior, environment, the motive, means and consequence leading to the crime of this case; and the circumstances after the crime, etc., it is not recognized that the court below's punishment is heavy or unreasonable. Thus, both prosecutor and the defendant's assertion are without merit.

3. In conclusion, the appeal by the prosecutor and the defendant is dismissed in accordance with Article 364(4) of the Criminal Procedure Act on the grounds that all of the appeal by the prosecutor and the defendant are without merit. It is

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