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(영문) 광주지방법원 2017.03.30 2016노1035
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 (an amount of KRW 3 million) is too unreasonable.

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

2. Even if the judgment defendant had a record of being punished as a same crime, the fact that the crime of this case was committed is disadvantageous to the defendant.

On the other hand, the following conditions are favorable.

In the past, the defendant recognized the crime of this case and is against the law.

The method of the crime of this case does not pose a risk, and the damage is relatively minor.

In addition, comprehensively taking account of the circumstances leading up to the instant crime, the circumstances following the instant crime, the Defendant’s age, sexual conduct, and environment, etc., as well as the various sentencing conditions indicated in the instant records and arguments, the lower court’s punishment is too heavy or is not deemed unfair, and thus, the Defendant and the Prosecutor’s assertion are without merit.

3. The appeal filed by the Defendant and the prosecutor in conclusion is groundless, and all of them are dismissed in accordance with Article 364(4) of the Criminal Procedure Act.

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