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(영문) 광주지방법원 2018.07.12 2017노4463
공무집행방해
Text

All appeals filed by the prosecutor against the Defendants are dismissed.

Reasons

1. The main point of the grounds for appeal is that the lower court’s punishment (for each of the Defendants’ fines of five million won) is too uneased and unreasonable.

2. The crime of this case is a serious crime that undermines the function of the State by nullifyinging the legitimate exercise of public authority, and the nature of the crime is not weak, and the Defendants again committed the crime of this case despite the fact that they had been subject to several criminal punishment.

On the other hand, the defendants recognize and reflect their mistakes, the defendants' assault of this case is relatively heavy, and the defendants have no power to be punished in excess of the fine.

In addition, comprehensively taking account of the following: the Defendants’ age, sex, environment, family relationship, and motive for committing the crime, and various sentencing conditions as shown in the instant records and arguments, the lower court’s punishment is too uneasible and unreasonable; thus, the Prosecutor’s assertion is without merit.

3. The appeal against the Defendants by the prosecutor of the conclusion is without merit, and all appeals are dismissed in accordance with Article 364(4) of the Criminal Procedure Act.

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