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(영문) 광주지방법원 2016.06.01 2016노983
공무집행방해
Text

All appeals by the defendant and the prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The sentence of the lower court (six months of imprisonment) is too unreasonable.

B. The Prosecutor’s sentence of the lower court is too unhued and unreasonable.

2. The circumstances are favorable for the following reasons: (a) the Defendant’s mistake and reflects the Defendant’s fault; (b) the Defendant appears to suffer from chronic alcohol addiction, etc.; and (c) such disease appears to have affected the instant crime.

On the other hand, the defendant has been punished several times for the same crime, and in particular, on December 19, 2014, the defendant was sentenced to 8 months of imprisonment and 4 months of imprisonment with prison labor by the Gwangju District Court on September 15, 2015, even though the execution of the above punishment was completed on September 15, 2015, and he/she committed the crime of this case in the same case at another time for not less than three months, and in light of the defendant's past record and the contents of the crime of this case, it is highly likely that the defendant has never opened, and that the defendant is highly

It seems that there is no agreement with the damaged police officer up to the trial of the party, and no effort has been made for the recovery of damage.

In addition, in full view of the background of the instant crime, circumstances after the instant crime, Defendant’s age, sexual conduct, environment, etc., as well as the application of the sentencing guidelines of the Supreme Court sentencing committee, the lower court’s punishment is too heavy or unreasonable, and thus, the aforementioned argument by the Defendant and the Prosecutor is without merit.

3. In conclusion, since the appeal by the defendant and the prosecutor is without merit, 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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