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(영문) 창원지방법원 2017.09.21 2017노1718
공무집행방해
Text

All appeals by the defendant and the prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The sentence imposed by the lower court on the Defendant (the penalty amounting to five million won) is too unreasonable.

B. The sentence imposed by the prosecutor by the court below is too uneasible and unfair.

2. There are extenuating circumstances such as the fact that the defendant recognizes the crime and reflects it, that the defendant has no record of punishment for the same crime, and that the defendant is difficult to have a good health condition.

On the other hand, it is disadvantageous to the defendant, such as the fact that it is not good to the nature of the crime, which caused the obstruction of public duties by taking a bath and assault to the police officers dispatched after receiving the report by the defendant.

In full view of such circumstances and other circumstances as the Defendant’s age, environment, sexual conduct, circumstances before and after the commission of the crime, and various conditions of sentencing as shown in the instant records and pleadings, it is not recognized that the sentence imposed by the lower court is too heavy or unreasonable.

3. As such, the appeal filed by the defendant and the prosecutor is without merit. Thus, 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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