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(영문) 부산지방법원 2018.02.21 2017노4955
공무집행방해
Text

All appeals by the defendant and the prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The Defendant’s punishment (6 months of imprisonment) is too heavy.

B. The Prosecutor’s sentence is too minor.

2. In full view of all the circumstances in the arguments and records of the instant case including the unfavorable circumstances (including multiple violent crimes, crimes during the period of suspension of execution, etc.) presented by the lower court on the grounds of sentencing, the lower court’s judgment exceeded the reasonable bounds of discretion in its discretion, in light of the following: (a) the Defendant’s age and character character and intelligence environment; (b) the motive means and consequence

There is no circumstance that the assessment or maintenance thereof is deemed unfair (see Supreme Court Decision 2015Do3260, Jul. 23, 2015). Therefore, the lower court’s sentencing is appropriate, and the Defendant and the Prosecutor’s assertion are without merit.

3. In conclusion, since the appeal by the defendant and the prosecutor is without merit, all of them are dismissed in accordance with Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition.

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