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(영문) 의정부지방법원 2020.10.30 2019노2861
공무집행방해
Text

All appeals filed by the defendant and prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal (unfair sentencing)

A. The sentence imposed by the lower court (6 million won) is too unreasonable.

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

2. We examine both the judgment and the prosecutor’s assertion of unreasonable sentencing.

It is reasonable to respect the sentencing of the first instance court in cases where there is no change in the conditions of sentencing compared with the first instance court, and the sentencing of the first instance court does not deviate from the reasonable scope of discretion, and to refrain from rendering a sentence that does not differ from the first instance court solely on the ground that the sentencing of the first instance court falls within the reasonable scope of discretion, although the sentencing of the first instance court falls within the scope of discretion.

(See Supreme Court en banc Decision 2015Do3260 Decided July 23, 2015 (see, e.g., Supreme Court en banc Decision 2015Do3260, Jul. 23, 2015). The instant crime was committed by assaulting police officers dispatched after receiving a report by the Defendant to interfere with legitimate performance of official duties. In light of the background and contents of the crime, the nature of the crime is bad in light of the circumstances of the crime, etc., the State’s legal order is established and the public authority is necessary to strictly punish the crime against public authority, such as the instant crime

However, it is advantageous to the fact that the defendant recognized the crime of this case and is against the defendant, the defendant appears to have caused the crime of this case somewhat contingent, and the defendant made some efforts such as deposit of part of the amount of damage against the damaged police officers.

In addition, considering the following facts: (a) there is no special change in circumstances that could change the sentence of the lower court after the pronouncement of the lower judgment; and (b) the Defendant’s age, occupation, character and conduct, the environment, the circumstances surrounding the crime, and the circumstances after the crime; and (c) the various conditions of sentencing as shown in the present case’s pleadings, the lower court’s punishment cannot be deemed to be too heavy or unreasonable. Thus,

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