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(영문) 서울동부지방법원 2014.07.04 2014노620
공무집행방해등
Text

All appeals filed by the defendant and prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The Prosecutor’s sentence (six months of imprisonment) sentenced by the lower court against the Defendant is too unhued and unfair.

B. The punishment sentenced by the court below to the defendant (six months of imprisonment) is too unreasonable.

2. The judgment of the court below contains some favorable circumstances for the defendant, such as the fact that the defendant has divided his mistake into depth and reflected it, the defendant appears to have committed the crime of this case by contingency while under the influence of alcohol, and the degree of injury to the victim is not severe. On the other hand, the crime of this case is committed in front of the restaurant under the influence of alcohol, and the defendant expressed his desire to return home from the police officer who was called upon upon receiving a report, and at the request of the police officer to return home, and the crime of this case is committed in the same manner as the crime of obstruction of performance of official duties or obstruction of performance of official duties, and the crime of this case was committed again during the period of repeated crime due to such violence, etc., and the defendant committed the crime of this case again during the period of repeated crime due to such violence, etc., the defendant did not accept the defendant's motive, result and result of the crime of this case, the defendant's age after the crime of this case, the defendant's personality and behavior and the result of this case's argument that the sentencing guidelines are too unreasonable or unfair.

3. In conclusion, the appeal filed by the defendant and the prosecutor is without merit, and 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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