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(영문) 광주지방법원 2019.01.09 2018노3215
공무집행방해등
Text

All appeals by the defendant and prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The lower court’s sentencing is too inappropriate.

B. The lower court’s sentencing is too uncomfortable.

2. Considering the fact that the crime of this case is not good, that the defendant committed the crime of this case repeatedly during the suspension period of the execution of the same kind of crime even though he had a previous conviction at several times, and that no damage recovery or agreement has been reached due to the crime of this case, strict punishment against the defendant is required.

However, considering various conditions of sentencing as shown in the pleadings of this case, such as the fact that the defendant is divided into his mistake, that there is no criminal conviction against the defendant, that the health of the defendant is not good, that the degree of injury suffered by the victim F is not serious, that the balance between sentencing with the same crime and the defendant's age, character and character, environment, motive, means and consequence of the crime, etc., the sentence imposed by the court below is deemed appropriate, and it cannot be deemed that the sentence imposed by the defendant is too heavy or unreasonable. Thus, the above arguments by the defendant and the prosecutor are 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.

However, since it is clear that Article 37 (1) 2 and Article 50 of the Criminal Act has been omitted among concurrent crimes and Article 38 (1) 1 of the Criminal Procedure Act is omitted, the judgment of the court below shall be added pursuant to Article 25 (1) of the Regulation on Criminal Procedure and the correction of the judgment of the court below shall be made.

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