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(영문) 대구지방법원 2017.04.20 2016노4745
공무집행방해
Text

All appeals filed by prosecutors and defendants are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The sentence imposed by the lower court (2.5 million won) is too unreasonable.

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

2. We also examine the judgment prosecutor and the defendant's respective arguments on sentencing.

The lower court sentenced the above punishment in consideration of the following: (a) the Defendant led to confession and reflective attitude; (b) the instant crime occurred in the course of soliciting the Defendant to return home by a police officer, and the degree of assault against the police officer was minor; and (c) the first offender was the first offender.

In full view of the circumstances taken into account as above and all the conditions of sentencing as shown in the records and arguments, such as the Defendant’s age, sex, environment, background leading up to the commission of the offense, means and consequence, circumstances after the commission of the offense, etc., the sentence imposed by the lower court is deemed reasonable, and the lower court’s judgment exceeded the reasonable bounds of discretion.

There is no circumstance that the assessment or maintenance is deemed unfair (see Supreme Court Decision 2015Do3260, Jul. 23, 2015). Therefore, the lower court’s sentence imposed on the Defendant cannot be deemed too somewhat less or unreasonable, and thus, each of the unfair arguments of sentencing by the prosecutor and the Defendant is without merit.

3. In conclusion, since both the prosecutor and the defendant's appeal are 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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