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(영문) 광주지방법원 2015.11.25 2015노1273
공무집행방해등
Text

All appeals filed by the defendant and prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The punishment of the lower court (a fine of eight million won) is too unreasonable.

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

2. The judgment of the court below is an unfavorable circumstance that the defendant reflects his mistake, the fact that the defendant agreed with the victim of property damage and the victim police officer, etc., but the defendant again committed the crime of obstruction of performance of official duties of this case despite having been issued a summary order of KRW 3 million due to the crime of obstruction of performance of official duties in 2012. In addition, in full view of the circumstances leading up to the crime of this case, circumstances after the crime of this case, the defendant's age, character and conduct, and environment, it is not deemed that the punishment of the court below is too heavy or unreasonable, and the defendant's assertion is without merit.

3. In conclusion, the appeal filed by the defendant and the prosecutor is without merit, and all of them are dismissed under Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.

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