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(영문) 부산지방법원 2015.11.27 2015노2076
공무집행방해
Text

Defendant

All appeals filed against the defendant A and the prosecutor B are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The punishment of Defendant A’s Defendant (two years of imprisonment with prison labor for eight months, two years of probation, and 80 hours of community service) is too unreasonable.

B. The Prosecutor’s original judgment’s penalty against Defendant B (two million won of fine) is too unhued and unreasonable.

2. Determination

A. In full view of the following facts: Defendant A’s part was examined, Defendant A’s punishment was three times, and two of them were punished by the use of violence; Defendant’s two police officers, who were in performing legitimate official duties, were in prison uniform and used to commit violence; Defendant’s degree of violence is very heavy; Defendant’s denial of crime up to the lower court’s judgment; Defendant’s age, career, motive and process of crime; and all other matters regarding sentencing as indicated in the records and arguments of this case, the lower court’s punishment against Defendant is deemed appropriate, and thus, Defendant’s assertion is without merit.

B. The prosecutor's assertion is without merit, in light of the following: (a) Defendant B was examined in the part; (b) there was no history of punishment imposed by the Defendant for the same kind of crime; (c) there was no history of punishment imposed by the Defendant; (d) the degree of violence exercised by the Defendant compared to the co-Defendant A is riceed; and (e) the Defendant’s depth reflects the sentencing; and (e) the Defendant’s age, career, family relationship, motive for the crime; and (e) all other matters pertaining to the sentencing specified in the records and arguments of

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

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