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(영문) 수원지방법원 2019.02.13 2018노7474
공무집행방해등
Text

All appeals filed by the defendant and prosecutor are dismissed.

Reasons

1. The lower court sentenced the Defendant to dismiss the prosecution of assault against the victim B among the facts charged in the instant case, and sentenced the remainder of the facts charged, which became final and conclusive as they did not appeal the part of the dismissal of prosecution by both the Defendant and the prosecutor.

Therefore, the scope of the judgment of the court shall be limited to the conviction part of the judgment below.

2. The gist of the grounds for appeal asserts that the Defendant is too unafford by the lower court’s punishment (six months of imprisonment), and that the prosecutor asserts that the lower court’s punishment is too unafford and unreasonable.

3. The circumstances are favorable to the defendant, such as the fact that the defendant recognized his mistake and reflects the fact that there is no previous conviction exceeding the fine, and that there seems to be a relatively obvious social relationship, such as the defendant's family and branch members wanting to take the wife, etc.

Meanwhile, in light of the circumstances and contents of each of the crimes in this case, it is disadvantageous to the defendant, such as the following: (a) the defendant has been punished several times due to driving without a license or driving under influence; and (b) the fact that the defendant did not agree with the victim H.

Considering the above circumstances and the Defendant’s age, character and conduct, environment, family relationship, motive for committing an offense, and circumstances after committing an offense, it is difficult to deem that the lower court’s punishment is too heavy or unreasonable.

Therefore, the above argument by the defendant and the prosecutor is without merit.

4. 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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