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(영문) 대구지방법원 2016.01.13 2015노1330
공무집행방해등
Text

All appeals by the Defendants are dismissed.

Reasons

1. The summary of the grounds for appeal (defendant A: fine of eight million won, and fine of three million won: Defendant B) declared by the court below is too unreasonable.

2. In light of the facts charged in this case, although the defendants are able to recognize the facts charged in this case, the degree of violation of the Aggregate Extraction Act in this case is not easy, and the defendant A has not yet completed the restoration of the original state due to the crime in this case by taking into account the circumstances favorable to the defendants, it seems that the court below has already sentenced a punishment by reducing the amount of fine for summary order more than that of the defendant's summary order in consideration of the circumstances favorable to the defendants, and there is no special change of circumstances that can change the punishment of the court below after the sentence of the court below, and considering the various circumstances of the defendants as shown in the records and arguments such as the defendant A's age, sexual behavior, environment, etc., even if considering the defendants' claims, the punishment imposed by the court below is too unreasonable because it is too unreasonable. Thus, the defendants' claims are without merit.

3. Accordingly, the Defendants’ appeal is dismissed in accordance with Article 364(4) of the Criminal Procedure Act on the grounds that the Defendants’ appeal is without merit. It is so decided as per Disposition.

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