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Defendant
All appeals filed by A and the prosecutor against the Defendants are dismissed.
Reasons
1. Summary of grounds for appeal;
A. The lower court’s sentencing (6 months of imprisonment) against Defendant A is too unreasonable.
B. The lower court’s sentencing (Defendant A: imprisonment with prison labor for six months, Defendant B’s imprisonment for four months, with prison labor for one year of suspended execution, and 120 hours) against the Defendants by the public prosecutor is deemed to be too uneasible and unfair.
2. Determination
A. We examine both Defendant A and the Prosecutor’s unfair argument in sentencing.
Defendant
On December 18, 2009, A was sentenced to a suspended sentence of one year due to the crime such as forging a certificate of arrest of a flagrant offender in the name of L in the Seoul Central District Court and obtaining a suspect's signature on the interrogation protocol in the name of L, and sentenced to a suspended sentence of two years, A committed the instant crime, such as forging a certificate of arrest of a flagrant offender in the name of L and receiving a suspect under L in the name of L, and committing the instant crime, such as under the name of L, failing to agree with the victim of the joint bodily injury, and committing a violation of the Road Traffic Act (driving) and a violation of the Road Traffic Act (non-licensed driving).
However, in full view of the fact that the Defendant was aware of each of the instant crimes and divided, the Defendant’s age, sexual conduct, environment, means and consequence of the crime, and all of the sentencing circumstances shown in the pleadings and records, such as the circumstances after the crime, etc., the lower court’s sentencing is not deemed to be too heavy or unreasonable.
B. Defendant B’s act of assaulting a police officer in the course of arresting a flagrant offender and obstructing the performance of official duties, failing to agree with the victims of joint bodily injury crimes and assault crimes, and having a record of punishment for a crime of obstructing the performance of official duties. There are circumstances unfavorable to the Defendant.
However, the defendant's time to commit each of the crimes in this case, and the age, sex, environment, and means of committing the crimes in this case.