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(영문) 춘천지방법원 강릉지원 2015.09.24 2015노357
공무집행방해등
Text

All appeals filed by the defendant and prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal (a two-way unreasonable sentencing)

A. The sentence of the lower court (ten months of imprisonment, two years of suspended sentence, two years of probation, and 120 hours of community service order) 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 and reflecteds the crime, and that he/she agreed with the victim with the obstruction of business is favorable.

On the other hand, the fact that the defendant has been punished for violence crimes several times, and that he has been punished for obstruction of performance of official duties is disadvantageous.

In full view of such circumstances as the Defendant’s age, character and conduct, environment, motive, means, and consequence of each of the instant offenses, etc., the lower court’s punishment cannot be deemed excessively heavy or unreasonable as it is difficult to exempt the reversal of the sentence, taking account of the circumstances before and after the commission of the offense.

Therefore, the defendant and prosecutor's argument are without merit.

3. In conclusion, the appeal filed 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.

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