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(영문) 서울북부지방법원 2015.11.06 2015노1090
공무집행방해
Text

All appeals filed by the defendant and prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The Defendant’s ground of appeal is too unreasonable that the Defendant’s penalty (4 million won of fine) is too unreasonable.

B. The Prosecutor’s grounds of appeal are too unabundably unreasonable.

2. The lower court’s determination is not deemed to be too heavy or unreasonable in light of the Defendant’s age, character, conduct, home environment, etc., including the following sentencing conditions shown in the hearing, and thus, it is not deemed that the lower court’s punishment is too heavy or unreasonable. Therefore, it does not accept both of the allegations.

A person who is under way: A person who is mitigated of an unfavorable assault (the occurrence of a tearing result by a police officer): Confession, no penalty power, or a mental therapy;

3. In conclusion, the appeal filed by the defendant and the prosecutor is dismissed in accordance with Article 364(4) of the Criminal Procedure Act since all of the appeal filed by the defendant and the prosecutor are without merit.

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