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(영문) 전주지방법원 2015.10.16 2015노443
업무방해등
Text

All appeals filed by prosecutors and defendants are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The sentence imposed by the prosecutor (six months of imprisonment, two years of suspended execution, two years of probation, and one hundred and twenty hours of community service order) is too unhued and unreasonable.

B. The sentence imposed by the lower court is too unreasonable.

2. The crime of this case requires a strict punishment for the defendant, considering that the defendant takes a bath in a restaurant, obstructed the restaurant business of the victim by avoiding disturbance, obstructed the legitimate performance of official duties by a police officer by committing an act of assault, etc. against a police officer dispatched after receiving a report, and the nature of such crime is bad, and the defendant has a record of criminal punishment for at least ten times due to violent crimes, and commits the crime of this case during the period of probation due to a violation of the Punishment of Violences, etc. Act (collective, deadly weapons, etc.).

However, it is also recognized that there is a good condition to consider the defendant favorable to the defendant, such as the confession of the crime of this case and the fact that the defendant is against the mistake, and the damage caused by the crime of this case is not significant. Considering all the above circumstances and all the sentencing conditions of the defendant in the argument of this case, such as the defendant's age, character and behavior, family environment, etc., the sentence of the court below is too weak or unreasonable, and thus, the prosecutor and the defendant's assertion are rejected.

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

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