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(영문) 춘천지방법원 2015.01.14 2014노927
공무집행방해
Text

All appeals filed by the defendant and prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The punishment sentenced by the court below against the defendant (one year of imprisonment) is too unreasonable.

B. The above sentence imposed by the prosecutor by the court below on the defendant is too unfortunate and unfair.

2. The judgment of the court below is that the defendant recognized all of the crimes of this case and is against his mistake, and the degree of damage caused by the crime of this case is relatively minor, the circumstances favorable to the defendant, such as the fact that the defendant was punished for the same kind of crime, and that the defendant committed the crime of this case only when he was released without being aware of it during the period of probation or repeated crime due to the same crime, and that the defendant did not receive a letter from the damaged police officer up to the trial, and other circumstances unfavorable to the defendant, such as the defendant's failure to receive a letter of confinement, should be sentenced to imprisonment (six months of imprisonment) as the suspended sentence previously imposed by the defendant is invalidated, and if the imprisonment of this case becomes final and conclusive, considering the motive and circumstances leading to the crime of this case, the circumstances leading to the crime of this case, the age, character and behavior of the defendant after the crime, and other various kinds of sentencing factors indicated in the records, the above arguments by the defendant and the prosecutor are too heavy or unreasonable.

3. In conclusion, the appeal filed by the defendant and the prosecutor 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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