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(영문) 광주지방법원 2015.07.09 2015노1006
업무방해등
Text

All appeals filed by the defendant and prosecutor are dismissed.

Reasons

1. The court below dismissed a public prosecution pursuant to Article 327 subparagraph 6 of the Criminal Procedure Act on the ground that the victim N expressed his/her intention not to punish the defendant among the facts charged in the instant case, and sentenced him/her to the remainder of the facts charged.

In regard to this, the defendant and the prosecutor filed an appeal on the grounds of unfair sentencing only for the guilty portion, so the dismissal of the above dismissal part has been separated and finalized as it is, and the scope of this court's judgment is limited to the convicted part of the

2. Summary of grounds for appeal;

A. The sentence of the lower court (limited to 8 months of imprisonment and 900,000 won) is too unreasonable.

B. The above sentence of the lower court is too unfasible and unreasonable.

3. The judgment of the defendant is divided into, and against, his mistake when it comes to the trial. Among the crimes of this case, each crime of false accusation among the crimes of this case is favorable circumstances where the defendant either cancelled his complaint from the investigative agency or led the defendant to the court of the original trial to have a reason for the necessary mitigation, the victim D,O, and N does not want punishment against the defendant (the victim'sO and N made the above statements in the court of the original trial, and the victim D stated that the defendant does not want punishment unless the defendant wants to be found only at the court of the original trial, and the above victims submitted each written agreement in the trial).

However, even though the defendant committed a crime of assault and obstruction of duty, and assault and obstruction of duty against the victim D, he filed a false complaint with the victim victim D, and the crime is not good in light of the fact that the crime was committed three times at the police box performing official duties, and the defendant had a record of punishment several times for the same crime, and it appears that the court below had already taken these circumstances into account, and agreed with the victim D after the sentence of the court below.

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