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(영문) 서울북부지방법원 2015.06.25 2015노354
공무집행방해
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 four million won) imposed on the Defendant is too unreasonable.

B. The above sentence imposed by the prosecutor by the court below on the defendant is too unfortunate and unfair.

2. In light of the circumstances favorable to the defendant, such as the fact that the defendant's mistake is recognized, the depth is divided, and the degree of assault inflicted upon the police officer is considered to be relatively serious, and the defendant's living conditions are likely to be very difficult due to daily labor in the construction site. The defendant's crime of this case seems to have committed the crime of this case in a state of drinking, and circumstances favorable to the defendant, such as the defendant's favorable circumstance, such as the fact that there is a need to strictly punish the defendant as a crime prejudicial to the State's function by nullifying the legitimate exercise of public power, and other various circumstances, such as the defendant's motive and circumstance leading to the crime of this case, the circumstance before and after the crime, the defendant's age, character and behavior, environment, occupation and family relation, etc., the punishment imposed by the court below cannot be deemed to be excessive or unjust.

3. In conclusion, the appeal filed by the defendant and the prosecutor is without merit, and each of them is dismissed in accordance with Article 364(4) of the Criminal Procedure Act.

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