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(영문) 제주지방법원 2016.05.26 2015노788
공무집행방해
Text

Defendant

All appeals by prosecutors are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The punishment of the lower court (4 million won) is too unreasonable.

B. The Prosecutor’s sentence of the lower court is too unhued and unreasonable.

2. The instant crime is an offense that undermines the function of the State by nullifyinging the legitimate exercise of public authority, and thus requires punishment corresponding thereto to establish national legal order and eradicate the light view of public authority.

However, all of the crimes of this case are recognized by the defendant, and the degree of assault exercised by the defendant is relatively heavy, and the defendant has no record of criminal punishment in the Republic of Korea.

In addition, the defendant deposited KRW 500,000 for the victim G when he was in the trial of the party.

Such circumstances are favorable to the defendant.

In full view of the above circumstances and the Defendant’s age, sexual conduct, motive and background of the crime, means and method of the crime, and all the sentencing factors expressed in the instant case’s records and the trial process, it does not seem that the sentence imposed by the lower court exceeded the reasonable scope of discretion, or is too heavy or unfluent.

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