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(영문) 인천지방법원 2014.09.26 2014노2393
공무집행방해
Text

All appeals filed by the defendant and prosecutor are dismissed.

Reasons

1. The main point of the grounds for appeal is that the lower court’s punishment of a fine of nine million won is too heavy or is unreasonable.

2. We examine the reasoning of the judgment and the prosecutor together.

Even though the defendant was under probation, the fact that he left to the crime of this case, and that the defendant had been sentenced to suspended execution due to obstruction of performance of official duties, etc. are disadvantageous to the defendant.

On the other hand, the fact that the defendant recognized his mistake, and the police officer who was assaulted due to the crime of this case was not punished by the defendant, and that the defendant was detained for about 40 days is favorable or reasonable.

In full view of the above circumstances, the sentencing of the court below against the defendant is too heavy or less appropriate in light of the following circumstances: (a) the process, motive, means, and consequence of the defendant's crime in this case; (b) the circumstances before and after the crime; and (c) the defendant's age, happy family environment; and (d) various conditions of sentencing

The defendant and prosecutor's assertion of unreasonable sentencing 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.

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