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(영문) 의정부지방법원 2018.10.05 2018노1835
위계공무집행방해등
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 against the Defendant (one year of imprisonment) is too unreasonable.

B. The lower court’s above sentence against the Defendant by the Prosecutor is too unhued and unreasonable.

2. A favorable circumstance is that the Defendant appears to have both recognized and reflected the Defendant’s criminal act.

On the other hand, among the instant cases, the obstruction of the performance of the official duties by deceptive means was committed by the Defendant by falsely reporting murdering the murder case, which was committed again during the period of repeated crime. The special intimidation in the instant case is that the Defendant’s intimidationd the victim who was in dispute by noise between floors and did not have agreed with or has not recovered from damage to the victim, and the Defendant’s refusal to attend the investigative agency and arrested the victim, and there was a record of having been punished several times for the same crime, and even in 2011, it is disadvantageous to the Defendant who was sentenced to punishment by misappropriation of the personal information stolen in the instant case.

In full view of all of the above circumstances and all of the sentencing conditions in the instant argument, it cannot be deemed that the lower court’s punishment is too heavy or too harsh.

Therefore, each of the above arguments by the defendant and the prosecutor is without merit.

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

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